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With its warm weather, Florida has been a retirement magnet for decades. The Sunshine State has the oldest population, with seniors accounting for 19.36 percent of the total resident population. Florida has nearly 700 licensed nursing homes regulated by the Florida Agency for Health Care Administration (AHCA). Unfortunately, dozens of these facilities have been cited for serious violations of neglect and abuse.
The decision to place a loved one in a nursing home is made with great care and research to ensure a safe and supportive environment. If you suspect elder abuse in Palm Beach County, a consultation with an experienced Boca Raton nursing home abuse lawyer can be your first step toward seeking justice for your loved one. Contact Kogan & DiSalvo to discuss your legal options today.
Our Boca Raton personal injury lawyers bring compassion and sensitivity to nursing home abuse cases and work tirelessly to protect the rights of vulnerable elders.
Florida Statute §400.022 outlines the fundamental rights afforded to residents of nursing homes and assisted living facilities.
Despite these laws, state inspectors routinely find that residents’ lives are endangered through intentional harm, understaffing, poor supervision, or basic neglect. If you are concerned about the treatment of your elderly loved one, we encourage you to reach out to your local Ombudsman and contact our nursing home abuse attorneys.
Florida has some of the most aggressive elder protection laws and nursing home regulations in the nation, including criminal prosecution for failing to report suspected abuses under the state’s comprehensive Adult Protective Services Act. The law also provides immunity from prosecution for those reporting abuses.
Florida defines elder abuse as an act committed intentionally that could reasonably cause physical injury or psychological harm, inflict psychological or physical injury, or encourage anyone to commit an act that can reasonably expect to inflict physical or psychological injury.
Common elder abuse issues observed in assisted living care facilities and nursing homes include:
Violations of Boca Raton elder law that are not criminal offenses prosecuted by state authorities fall under the state’s standard in civil law, which governs acts of negligence that result in injury or property damage.
To prove an act of negligence, the following elements must be met:
Few studies have been able to capture the magnitude of abuse and neglect in nursing home facilities. By some estimates, for every incident of physical or emotional abuse communicated to authorities, 24 cases go unreported. Underreporting of elder abuse can be attributed to several reasons, including a fear of retaliation, potential embarrassment or shame, or an inability to communicate due to cognitive decline.
Numerous factors can lead to nursing home neglect and abuse. Facilities that lack the resources and workforce to operate smoothly are less likely to meet the basic needs of their residents. This creates an unstable environment where standards of care drop drastically.
These are the primary factors associated with higher rates of nursing home abuse:
Nursing home abuse and neglect manifest in different ways. Because many patients in nursing homes have Alzheimer’s disease, dementia, or other mental impairments that render them unable to express themselves, it’s crucial to watch for signs that indicate any of the following:
According to The Journal of the American Medical Association, elderly individuals who suffer physical abuse are at greater risk of premature death. Misusing restraints and any physical assault can result in broken bones, scratches, cuts, and other signs that are more challenging to detect. Be alert for unexplained mood changes, detachment, and disinterest in surroundings.
Signs that caregivers or staff are inflicting bodily harm:
Our lawyers are dedicated advocates to nursing home residents in Boca Raton who have suffered any physical abuse, including those given sedative medications as a chemical restraint.
Emotional abuse of nursing home residents can be intentional, but it can also happen with over-worked and highly stressed staff who lash out in the heat of the moment. Either way, this behavior is unacceptable and can lead to isolation, depression, and withdrawal. Studies suggest that chronic emotional abuse can increase vulnerability to illness and infection. Look for the following signs that may indicate a loved one is suffering psychological abuse:
Elderly residents in nursing homes, particularly those with marked cognitive decline, may be subject to financial exploitation by those who care for them. Sometimes they are coerced into loaning money. More often, their funds are accessed through illegal and fraudulent means. Signs of financial exploitation often include:
Medical neglect of the elderly has grave consequences. Neglecting a resident’s health care needs can result in serious injury, disability, and even death. Key examples of medical neglect in nursing homes include:
Sudden weight loss, bedsores, urinary tract infections, malnourishment, and dehydration indicate that a loved one’s medical needs are being neglected.
Sexual abuse is the least reported type of nursing home abuse. The following types of behavior may merit legal action against offenders: non-consensual touch, sexual coercion, and rape. Common signs of sexual abuse of the elderly include:
Our highly skilled legal team is dedicated to protecting seniors who have been harmed in Florida nursing homes. Victims and their families may bring a lawsuit against negligent parties or those who enabled the abuse or neglect.
The goal of hiring legal counsel is straightforward: to ensure that your loved one’s basic rights have been upheld and to hold abusive and negligent facilities accountable for their wrongdoing. We will investigate the nursing home’s history to see if a pattern of abuse or safety violations exists and if its hiring practices and employee incompetence contributed to the abuse.
Nursing home owners, operators, and staff will be interviewed under oath to discover any evidence that will help the case, including attempts to cover up the abuse.
Our attorneys handle every facet of the legal process, from independent investigations to settlement negotiations with the defendant. As your legal representative, we will:
Victims of nursing home abuse generally have two years to file a lawsuit for damages in Florida. This statute begins on the date that the abuse and injury occurred or the date when the victim’s family should have reasonably been aware that the injury occurred. Once the statute of limitations expires, any claim for compensation will be dismissed by the courts.
Litigation can be an effective means for recovering monetary damages in a nursing home abuse case. The amount of compensation recovered will depend on a variety of factors, including the amount of insurance coverage held by the defendant, the severity of injuries sustained, and the extent of medical bills incurred. Compensation should reimburse the claimant for losses such as:
If your loved one died because of negligent treatment or abuse in a nursing home facility, your family might be able to file a wrongful death claim for:
Our law firm believes everyone deserves access to exceptional legal counsel, which is why our nursing home abuse lawyers work on a contingency basis. We do not charge flat fees or hourly rates and will advance all costs to bring a valid lawsuit against negligent nursing home facilities and staff. Our clients do not have to worry about upfront expenses and only pay attorney costs if the claim is successful.
If neglect, abuse, or mistreatment are proven, the victim and their family may file a civil claim for damages. Any person or entities that contributed to the injury or death of the claimant may be named defendant. This may include:
Frequent nursing home visits to check up on your father, mother-in-law or grandmother can only do so much. If you suspect your loved one has been harmed at the hands of the very people entrusted with their care, Kogan & DiSalvo is here to help. Reach out today for a free, no-obligation consultation with a Boca Raton nursing home abuse lawyer.
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After my car accident, I was not sure where to turn, but the incredible team at Kogan & DiSalvo turned what felt like a nightmare into a smooth process. Each team member went above and beyond to make me feel supported, and confident that my case was in the best hands possible.
My paralegal Sam was an absolute superstar. She handled my case with precision and care. Any time I had a question, she was just a phone call away, ready to provide clear, detailed answers and updates. Her attention to detail and commitment to helping me was very reassuring.
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My amazing attorney Rachel took the time to explain every step, ensuring I understood my options. Her dedication to securing the best outcome for me was evident in every decision they made. Ultimately, their hard work resulted in a settlement that exceeded my expectations, giving me the support I needed to move forward.
I’m beyond grateful for their efforts and would highly recommend this firm to anyone in need of exceptional legal representation.
I’m very glad I decided to go with Coogan and Salvo. They’re very professional and they’re ahead of the curve of other firms using apps to follow up on doctors visits and case progress which makes it easier to follow. I definitely recommend
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After 4 years and 9 months, our case has finally been settled out of court thanks to Todd Baker and his team: Debra, Lesley, and Amahnia. Before Todd Baker took over our suit, we had almost given up on our case. Todd and his team came highly recommended. After meeting with Todd, we decided to put our trust in him to pursue our case. We are thankful that we did. Without Todd Baker, we know we wouldn’t have gotten the settlement we did. We would highly recommend only working with Todd Baker and his team.
Kogan & DiSavo did an excellent job in handing my personal injury case. I found their staff to be caring and knowledgeable and would definitely recommend
Outstanding Legal Services by Todd L. Baker, Esq., and Team
I had the pleasure of working with Todd L. Baker, Esq., and his exceptional team, including Debra Tejada and Leslie Hernandez, and I cannot recommend them highly enough. From the very first consultation, Todd’s professionalism, deep legal expertise, and attention to detail were evident.
Debra Tejada, Todd’s assistant, was incredibly organized and always kept me informed throughout the process. Her communication skills and efficiency made a potentially stressful situation much easier to navigate.
Leslie Hernandez also stood out with her friendly demeanor and ability to handle complex tasks seamlessly. Her support and dedication were invaluable.
Together, they make a wonderful team, going above and beyond to ensure the best possible outcome for my case. If you’re looking for a lawyer who truly cares about their clients and a team that delivers top-notch service, Todd L. Baker, Esq., and his staff are the way to go.
My husband slipped and fell in a store due to a leaky ceiling. He immediately called Kogan & DiSalvo. He spoke to someone right away and they were on his case. He went to the doctor that they provided and was diagnosed. The attention that he received from the staff and lawyers was just amazing. All of his questions were answered, and we had complete satisfaction with the way this case was handled even though it was a very small case. We appreciate everything that was done for him, and I would definitely recommend Kogan & DiSalvo for anyone that has had a slip or fall. Thank you again!
Great Professional Team!
The number one injury attorneys in Florida!!
In September of 2024 , I was in an accident and hired a well known attorney in the state to which refused to return my calls and was very disappointed which ended in their representation of myself!
I then hired Kogan and DiSalvo,, and was VERY satisfied with them!
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I would recommend Kogan and DiSalvo to those frustrated with misleading information… they are on top of their game!!
Thank you… Paul and team.
Joseph Z.
After my accident, Gisselle and Jay helped me immensely. They took care of everything I needed and were incredibly responsive to my questions and concerns. I feel incredibly well taken care of and cannot recommend them enough!! Thank you Jay and Gisselle for your hard work and effort with my case! 🙂
The best lawyers that I ever had to deal with they were right on point. They got their job done quick and fast. I didn’t have to wait that long and they got more than what I expected to get. They are good lawyers. They are very good lawyers. I would use them and I will recommend them to anybody
Tiffany, Maria and Michelle were easy to work with, knowledgeable and kind. It was a long process but I was kept informed along the way. Thank you for getting me what I deserved.
I was injured in a bicycle accident with an automobile in which I accumulated thousands of dollars in medical bills. I contacted Kogan & DiSalvo to see how to handle these bills, they explained the whole process and that I wouldn’t have to pay them any upfront money. I was assigned an attorney and a paralegal who explained every step of the process as it progressed. I dealt with Amanda who answered every question I had and I had a lot of them. They got all of my bills paid.I received payment for a new bicycle as well as a settlement from the accident. I would highly recommend this firm to anyone in need of help.Lastly I would like to thank Amanda who was super helpful throughout this case.
They were absolutely phenomenal!
I am so happy I chose to come to Kogan & Disalvo they welcome me in like family when you go in ask for Jay London and Jess the best they keep me informed on everything excellent service I thank y’all so much keep up the amazing work.
I was injured while shopping at the largest corporate stores in the US. Numerous attorneys at Kogan and DiSalvo helped settle my case with a positive outcome. They set a new standard for case review of unusual elements involving the injuries I sustain ed. After continual delays by the defendants,Tiffani held fast and resolved the issues through mediation. Kogan and DiSalvo came highly recommended by friends in the business. I would also like to recommend this group for your litigation needs.
We were very impressed with the way Rachel and her team handled my mother’s case. They were not only very detailed and professional, but were always available to answer questions and concerns.
I had the pleasure of having Amanda as my paralegal over my case and she made my experience a lot smoother. She was attentive and compassionate when speaking with me and explained the legal jargon seamlessly. Now that my case has finally wrapped up I can say that I would recommend Kogan & DiSalvo to anyone in need of personal injury representation. Yes they are a giant of a legal team but with a great team that feels personal to you.
If you’re reading this, in search of representation, I wish you the best and hope you choose a team that will passionately represent you.
From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
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