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Fort Lauderdale Nursing Home Abuse Lawyer

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A portion of Florida’s 5.2 million elder residents reside in nursing homes in Broward County. Some elder residents are being physically, emotionally, psychologically, and financially abused, and they should be immediately removed from the home.

The family should also contact an experienced Fort Lauderdale nursing home abuse lawyer from Kogan & DiSalvo for a free consultation without obligation to begin protecting the health and rights of their elderly loved one. An experienced injury lawyer in Fort Lauderdale can craft a claim to help maximize any potential compensation you and your family may be owed.

Regulation of Nursing Homes in Florida

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

Florida lawmakers take elder abuse seriously. They have established laws requiring annual licensing and inspection of nursing homes by the Agency for Health Care Administration as well as an agency to help elders stay healthy, safe, and independent, the Department of Elder Affairs, and 10 other agencies to serve the needs of the elderly. There is a regulation of nursing homes to ensure that the property is safe and there are procedures in place to prevent slip and fall accidents.

Florida Elder Abuse Law

Statue of lady justice on desk of a judge or lawyer.

Under Florida law, nursing home residents must be treated with dignity, have their privacy assured, receive safe and high-quality medical care, be allowed to participate in religious and social events, and have their other rights respected.

Elder law adopted by Florida defines abuse as an intentional act that reasonably causes physical injury or psychological harm, inflicts psychological or physical injury, or encourages a person to commit an abusive act.

Reporting elder abuse is the first step to eliminating it. Florida law makes failing to report an elder’s abuse a felony criminal offense but provides immunity from prosecution for somebody who sees and reports abuse.

Abuse of Elders

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

The number of elder abuse cases in Broward County reached nearly 5,200 in 2011. Although nursing home residents are responsible for about 20 percent of reported abuses, blame may ultimately fall on the nursing home’s practices, lack of monitoring, insufficient staff training, and improper actions or omissions by employees. If this occurs, an individual can seek the aid of a Ft Lauderdale nursing home abuse attorney to seek appropriate damages.

Typical abuses include:

  • Negligent care
  • Isolation
  • Assault
  • Battery
  • Sexual assault
  • Extortion
  • Exploitation

Negligence Under Florida Law

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

A Fort Lauderdale nursing home abuse lawyer will explain to the client that these abuse cases are adjudicated under Florida’s comparative negligence law.

The law holds that parties will share negligence depending upon their percentage of fault in causing injury, death, or property damage. The percent of assessed fault reduces damages by that percentage, up to 50%. A party found 51% or more at fault will be prohibited from recovery entirely. A party that is not at fault can claim full damages.

Negligence is proven by four elements:

  • Duty of care: A person has the legal obligation not to cause harm or property damage to another person or entity
  • Breach: An action, or an omission, violated that duty
  • Causation: The act or omission resulted in injury, death, or property damage
  • Damages: Actual monetary damages resulted

Contract Law

If the resident was at the nursing home under a contract with the business, an abuse may be a violation of the contract. A violation is a breach of contract, which may be actionable in claiming damages.

Benefits of Hiring a Fort Lauderdale Nursing Home Abuse Attorney

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

Our Fort Lauderdale nursing home abuse lawyers will gather evidence to prove the case by undertaking a comprehensive investigation of the nursing home and its owners to discover any previous negligent episodes and reconstruct the event using physical and testimonial evidence. The attorney will also assess the contract with the nursing home to determine if a breach occurred and if it is actionable. Preparation of the case includes the lawyer anticipating defenses and countering them.

Many civil cases reach a settlement between the parties, which is less expensive than taking the case to court before a jury. The Ft Lauderdale nursing home abuse attorney will aggressively negotiate a settlement with the insurance carrier that is satisfactory to the client. Should it get to court, the lawyer will be prepared to win.

The Fort Lauderdale personal injury attorneys at Kogan & DiSalvo work on contingency, meaning legal fees are taken from the monetary damages. If the case fails, no fees are charged.

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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.

5

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.

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I’m beyond grateful for their efforts and would highly recommend this firm to anyone in need of exceptional legal representation.

5

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5

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.

5

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

5

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.

5

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!

5

Great Professional Team!

5

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!
They returned EVERY call and answered my questions and concerns… to which ended in a settlement in 4 weeks!!
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.

5

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! 🙂

5

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

5

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.

5

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.

5

They were absolutely phenomenal!

5

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.

5

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.

5

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.

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..

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