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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.

Total reviews: 1020 |

Average rating: 4.9

5

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.

5

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..

5

My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.

5

Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!

5

Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.

5

I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏

5

Really nice and friendly people to work with

5

Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!

5

Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm

5

Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!

5

Very great and didn’t forget about us thank you so much

5

Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.

5

Everyone was very professional and nice

5

Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you

5

My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.

5

I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!

5

Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.

Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.

I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.

5

We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.

5

Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.

5

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