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Stuart Nursing Home Abuse Lawyer

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When the time comes to place an elder family member in one of the 36 nursing homes in and near Stuart, Florida, the family should be careful in choosing a residence. Being careful does not mean abuse of elder residents will not happen. If it does, the family should contact an experienced Stuart nursing home abuse lawyer to protect the family member and recover damages.

Across the United States, 11 counties encompass the highest population of elders and Florida has five counties on that list. Therefore, it is not surprising that Florida has some of the sternest nursing home regulations and elder laws in the nation, and a host of agencies serving elders.

If you believe a loved one may be suffering from elder abuse or negligence, consult with an experienced personal injury lawyer in Stuart from Kogan & DiSalvo immediately to begin gathering the elements of the case and building an effective claim.

Elder Abuse in Florida Nursing Homes

Dark corridor with walker in a nursing home

Common abuse in nursing homes includes acts of assault, battery, neglect, isolation, abandonment, sexual assault, and extortion. Any of these can be prosecuted under criminal law.

In fact, 190 abuse charges were filed in Florida courts in 2011 and of these 87 defendants were sentenced. In 2015, authorities charged 161 people and 62 defendants were sentenced, reports the Office of State Courts Administrator.

Elder abuse occurrences are increasing. According to the Florida Department of Children and Families, 1,448 abuse cases were reported in 2011 compared to 2,525 cases in 2015.

Florida Elder Law and Nursing Home Abuse

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

Elder law includes protecting the rights of nursing home residents. They are to be treated with dignity, be allowed privacy, to take part in religious and social events, and be provided high quality safe medical care.

Nursing home abuse is defined in Florida as an act that is committed with intent that can:

  • Reasonably cause physical injury or psychological harm
  • Inflict psychological or physical injury
  • Encourage someone to commit an act that can reasonably inflict physical or psychological injury

It is illegal for a nursing home employee or manager who witnesses or has knowledge of an abusive act to ignore it. If an abusive act is not reported, a criminal charge can result. A person who knows of an abuse will be given immunity from prosecution if that person reports it. These elements can be best explained by a Stuart elder abuse attorney.

Nursing Home Negligence in Stuart, FL

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

In addition to criminal action, nursing home abuse falls under Florida’s comparative negligence in civil law. Negligence has four elements and each must be met to prove a civil case and achieve monetary damages.

  • Duty of care: Each person has a legal obligation not to cause harm or property damage to another person or entity
  • Breach: An act or failing to act in a situation violates a person’s duty to another
  • Causation: The breach caused harm or property damage
  • Damages: Monetary damages did occur

The nursing home breaches its duty to residents by:

  • Serving contaminated or expired foods
  • Not correcting dangerous conditions
  • Not addressing a resident’s concerns
  • Security lapses
  • Failing to follow doctor or pharmacist instructions
  • Improperly administering medications

When a nursing home has a contractual obligation with residents, a breach of the contract may also arise from negligent acts or procedures. To bring forward allegations of elder abuse, an individual should not hesitate before hiring a nursing home abuse attorney in Stuart.

Contact a Stuart Nursing Home Abuse Attorney

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

When an abuse incident arises, the family can arrange for a free, no obligation consultation with our attorneys. Stuart nursing home abuse lawyers from Kogan & DiSalvo can determine if a valid case exists and handle the case without taking attorney fees.

If the case is successful, the fees are taken from the damages that are awarded. If the case fails, no attorney fees are charged.

The elder abuse lawyer in Stuart will collect physical and testimonial evidence to prove the case and prepare for trial. Many civil negligence cases are settled between the parties. In that situation, the attorney will aggressively negotiate a fair settlement with the insurance company that is satisfactory to the family.

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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.

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.

5

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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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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