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Delray Beach Nursing Home Abuse Lawyer

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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.

Types of Nursing Home Abuse and Neglect

Nostalgic senior woman with eyes closed hugging picture frame, standing by window at home.

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

A gavel laying on top of a legal book in front of scales

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

Nursing home nurse pushing a woman in a wheelchair through a garden

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

Elderly woman looking out the window in a nursing home

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.

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Average rating: 4.9

5

You know that it is difficult to find a decent lawyer to represent you when you have been injured. It’s especially difficult to find one who isn’t just compassionate but straightforward and willing to listen when times are tough and you think you are at your wits end. This is the AMAZING TEAM of Kogan & DiSalvo. If you are looking for the BEST TEAM in the business then look no further than this firm. From start to finish everything was 100 percent transparent and I never waited more than 24 hours for a response to my calls and emails. They use a wonderful app to track your case and process as they fight for you even though the toughest of cases. I have been blessed to be represented by Dan Collins and his spectacular assistant Lauren. Even when two hurricanes were slamming into the area I was kept informed of their progress on my case. As we get ready to close this case I will always have Kogan & DiSalvo to thank for putting together such a great attorney and paralegal. This duo have gone above and beyond my expectations!!! Kudos to both Dan and Lauren. I will never hesitate to recommend this firm and I am forever indebted to the entire TEAM!!!

5

Highly recommend Daryl Kogan! Extremely helpful and patience with all my questions. If you are need of a law firm that is excellent at what they do look no further!

5

The professionalism inherent in my experience with Attorney Todd Baker and his staff (Debra in particular) was quite commendable. From the initial contact there existed an easy platform for remarkable communications. All calls were answered promptly and explanations were given clearly with much empathy.
Without hesitation I strongly recommend this Firm.

5

(Translated by Google) Thank you for your collaboration, I recommend you 100%, very good work and communication, thank you

(Original)
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5

Prompt, courteous, and helpful

5

Samantha juerkhen was the best she helped me ever time I was in pain and
Needed help with paper work anything she’s really the best second to none one the best paralegal in town easly to talk to Samantha actually care about her clients and understand people she’s was blessing to me. Jeremy Nixon thank Samantha

5

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5

Great experience, everyone so kind and helpful

5

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5

They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.

5

Jay London is amazing!!! Very attentive and direct. He tells you how it is straight forward which I appreciated so much. Thank you so much Jay for all your hard work and helping me the compensation that I truly deserve.

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they handled my case very well, and i’m happy with the outcome!

5

Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.

5

Both Jay and Jessica were helpful and easy to work with. Entire staff appears professional and friendly. An experience that could have been difficult was not. I am happy to recommend Kogan & DiSalvo!

5

I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.

5

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5

Highly recommended!

5

I cannot express enough gratitude for the exceptional service I received from Kogan & DiSalvo. From start to finish, Todd Baker and Deborah played pivotal roles in the success of my case. Todd’s expertise and clear communication gave me confidence throughout the entire process. He truly went above and beyond to ensure my case was handled with the utmost care and professionalism. Deborah was equally amazing, always providing timely updates and addressing any concerns I had along the way.

Together, they made a stressful situation feel much more manageable, and I could tell they genuinely cared about my well-being. Thanks to their dedication and hard work, my case was resolved successfully, and I couldn’t be more satisfied with the outcome. If you’re in need of personal injury lawyers who truly put their clients first, I highly recommend Kogan & DiSalvo.

5

The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..

5

10/10 law firm definitely recommending.

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