Connect with us!

Call now for a FREE consultation

(561) 375-9500

Delray Beach Nursing Home Abuse Lawyer

Get Your Free Consultation

When a family discovers that an elderly loved one who is living in a Delray Beach nursing home or somewhere else in the county has been abused, it is time for quick action. The first step is to remove the abused person from the home.

The second step is to contact a Delray Beach nursing home abuse lawyer from Kogan & DiSalvo for a no-obligation consultation to assess the family’s legal options. A compassionate injury attorney will work hard to achieve necessary compensation and hold those accountable for their actions.

Elderly woman looking out the window in a nursing home

Types of Nursing Home Abuse and Neglect

Abuse ranges from rough handling, to violence, and taking financial advantage.

  • Abusive acts include slapping, shoving, tight restraints, and causing a nursing home resident to fall
  • Evidence of abusive behavior includes neglect of personal hygiene, broken prescription glasses, damaged dentures, sprains, bed sores, malnutrition, internal injuries, and broken bones
  • Caretakers also inflict psychological and emotional abuse by casting blame, using ridicule, intimidating, humiliating, and keeping the resident in isolation
  • Health of the abused elder can be harmed by increasing blood pressure, causing panic attacks, chest pains, breathing difficulty, and other conditions

Elder Abuse Law in Delray Beach

Elder abuse is a criminal act and authorities must be notified so the offenders can be punished by loss of freedom. Caretakers and others who witness abuse but do not report it are committing a crime, too. If a caretaker reports abuse, immunity from prosecution is granted.

The abuse is also actionable in civil court with intent to recover financially, and if the abuse is egregious, an additional financial award to punish is warranted.

Negligence in Elder Abuse Claims

In civil action, personal injury law is invoked using Florida’s comparative negligence standard, which shares financial loss among those who are negligent. Negligence is failing to act with the care a reasonable person would show in a similar situation. It is upon the elder and family to prove the nursing home acted negligently in allowing the abuse.

Negligence has elements that must be proven:

  • Duty of care: A person or a business has a legal obligation to act in a manner that does not cause injury, harm, or property damage to another
  • Breach: An act, or an omission, violates duty of care
  • Causation in fact: But for the breach, the abuse would not have occurred
  • Proximate cause: A particular and foreseeable result happened
  • Damages: Financial loss resulted

Nursing Home Neglect

Negligent acts committed by nursing home staff, managers, and owners include:

  • Failing to treat an elder’s symptoms or warning signs
  • Failing to seek emergency medical care
  • Failing to follow the orders of physicians and pharmacists
  • Serving foods that are contaminated or expired
  • Mistakes in administering medicines
  • Failing to address dangerous conditions on the property
  • Inadequate or no caregiver training
  • Security breaches

How a Delray Beach Nursing Home Abuse Lawyer Can Help

The attorneys at Kogan & DiSalvo in front of their office building

A Delray Beach nursing home abuse lawyer will conduct a thorough investigation of the abusive conduct and a background investigation of the nursing home to determine if a pattern of abusive behavior or violations of applicable Florida law and regulations has previously been allowed.

The attorney will question, under penalty of perjury, the nursing home staff, managers, and owners to gather evidence of any violation of the elder’s civil rights, which, if proven, is another cause of legal action, this time at the federal level.

The lawyer will calculate the medical expenses as well as pain and suffering, emotional trauma, and other applicable damages and sue for damages.

Total reviews: 1222 |

Average rating: 4.9

5

I’m so grateful for the incredible support and guidance I received from Brian after a terrible car accident. He handled everything with professionalism and compassion, always keeping me informed and fighting for what I deserved. Thanks to his hard work, I received a great settlement. I couldn’t have asked for a better advocate—highly recommend!

5

After my vehicle was rear ended and totaled. I reached out to Brian Andino for all my legal concerns. Mr.Andino was phenomenal, he answered all my questions and kept constant communication through my 15 month ordeal. I highly recommend Brian for anyone looking for honest attorney.

5

Great law firm. Perfect communication. Everything was handled professionally and quickly thank you again

5

They are dedicated and helpful

5

(Translated by Google) Excellent service and Elisabeth Lebron is a very good person, very attentive, and very helpful.

(Original)
Un excelente servicio y elisabeth lebron es una muy buena persona, muy atenta ,ayuda mucho

5

Everyone I worked with at the firm was professional and knowledgeable. I was happy with the results of my claim. I would certainly recommend you employ their services if needed.

5

I’m very pleased with what the work done Charles bomen I was vey pleased and definitely recommend going to Charles cause he will not disappoint thank you again.

4

Brian and Mia were great! They cared about what I was going through… always there to answer any questions I might have had!

5

The was very professional and willing to work with you and make show you get what you deserve.

5

Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!

5

Jay London is the absolute best lawyer I have ever had!!!

5

Quickly and fast respond, very good lawyer and friendly responding all my questions and all time be available to help in anything, also the first lawyer give you he personal cell number to respond you even in text messages thank you Paul Silvestri for get me 50k

5

I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.

Thanks.
Lucy

5

It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG

5

We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.

5

They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.

5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

5

I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.

5

My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks

5

I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.

  • I agree to receive communications by text message regarding your potential case from Kogan & DiSalvo. You may opt out by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply. You may review our Privacy Policy to learn how your data is used.

  • This field is for validation purposes and should be left unchanged.

Our Locations

If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.