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The Nursing Home Abuse Podcast

Examining the latest legal topics and news facing families whose loved ones have been injured in a nursing home. Hosted by lawyers Rob Schenk and Will Smith of Schenk Smith LLC.
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Now displaying: 2017
Dec 25, 2017

We'll return January 8th with our first episode of 2018! See you then!

Dec 18, 2017

Families of those with loved ones in nursing homes often must make major decisions on the resident’s behalf. In Georgia, petitioning for guardianship through the Probate Court may be an option. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Georgia guardianship with elder care attorney Paul Black.

Paul Black is a partner attorney at Georgia Elder Law of Brannon Black in Atlanta. Paul finds great satisfaction in serving clients across Georgia who need help with elder law issues (including Medicaid & Veterans Benefits eligibility issues, guardianships, conservatorships) , estate planning and administration, and special needs planning. In 2016, Paul was named as “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine.

Dec 11, 2017

Families of those with loved ones in nursing homes often must make major decisions on the resident’s behalf. In Georgia, petitioning for guardianship through the Probate Court may be an option. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Georgia guardianship with elder care attorney Paul Black.

Paul Black is a partner attorney at Georgia Elder Law of Brannon Black in Atlanta. Paul finds great satisfaction in serving clients across Georgia who need help with elder law issues (including Medicaid & Veterans Benefits eligibility issues, guardianships, conservatorships) , estate planning and administration, and special needs planning. In 2016, Paul was named as “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine.

Dec 4, 2017

According to federal data, more than 16,000 complaints of sexual abuse have been reported since 2000 in long-term care facilities. Unfortunately, this statistic may be a drop in the bucket because the figure includes only those in which a long-term care ombudsman investigated. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss the problem of sexual misconduct in nursing homes. Also discussed, the improper use of psychotropic drugs.  

Nov 27, 2017

Arkansas US Circuit Judge Michael Maggio appeals a conviction for accepting campaign donations from a nursing home operator in exchange for reducing a verdict against that facility by several million dollars. The nursing home owner in this case also used a series of shell companies to shield his liability from abuse claims. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss how prevalent the problem of corruption and legal loopholes that help nursing homes cover up abuse.  

Nov 20, 2017

12 residents of the Rehabilitation Center of Hollywood Hills died after an air conditioning unit lost power in the wake of Hurricane Irma. In the weeks after, the nursing home shut down, family members filed suit, and laws have been enacted. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss the facts of this incident, what we can learn, and how we can prevent future nursing home deaths. 

Nov 13, 2017

Formed in 1975, the National Consumer Voice for Quality Long-Term Care is the leading national organization representing consumers in issues related to long-term care, helping to ensure that consumers are empowered to advocate for themselves. The National Consumer Voice annual conference was recently held in Washington, DC.  In today’s episode, nursing home abuse attorney Will Smith discusses his time attending the conference.

Nov 6, 2017

While nursing homes cannot be locked down like a prison, administrators should still take all reasonable precautions to keep vulnerable residents from wandering off premises. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss a particularly egregious case of elopement resulting in the death of a resident. Also discussed, a case of physical assault by a nursing home employee and force majeure events.

Oct 30, 2017

Falls at a nursing home constitute over one third of all preventable hospital visits by residents. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how a nursing home can be responsible both for causing a fall, but the injuries that are exacerbated afterwards. Also discussed, a case of resident on resident violence and multiple lawsuits filed against one nursing home.

Oct 23, 2017

Many nursing home employees are over worked, under paid, and under constant stress to get their jobs accomplished each shift. As such, negligence and abuse is on the rise. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how nursing home employees may attempt to cover up wrongful acts. Also discussed, a long term care ombudsman program gets critical funding slashed.

Oct 16, 2017

There is a misconception that when a loved one dies due to potential neglect or abuse, an autopsy will be performed. Under Georgia law, there are only nine instances that will automatically trigger an autopsy by the local medical examiner. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how family members can request autopsies be performed. Also discussed is a case of resident on resident violence in Hollywood, California.

Oct 9, 2017

Statistics continue to demonstrate the instances of nursing home neglect and abuse are on the rise. But under what circumstances can the nursing home be held accountable for the actions of its employees? In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the concept of vicarious liability and nursing home lawsuits. Also discussed are the obligations of hospitals and others to report suspicions of nursing home abuse.

Oct 2, 2017

Family members admitting a loved one into a nursing home are often faced with reading and signing dozens of pages of legal documents. In almost all instances, these admission documents directly affect the legal rights of the nursing home resident, including what claims may be brought in the future. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss what to look out for in nursing home admission documents. Also discussed are some recent changes to the law regarding West Virginia statutes of limitations.

Sep 25, 2017

When a loved one passes away due to the negligent acts of a nursing home, the family must not only navigate the wrongful death claim, but also establish an estate with the Georgia Probate Court. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Georgia probate issues with estate attorney Scott Fields.

Scott Fields is a probate and real estate attorney in Tucker, Georgia. He is married and has four teenage sons. Scott grew up in Chamblee and Norcross, and has lived in Tucker for almost 20 years. Scott graduated from Georgia State University College of Law in 2011.

For over five years, Scott was a real estate, small business, and probate litigator. Since forming his own firm this past February, Scott has focused on estate planning and administration. He enjoys using his litigation experience to help guide people through the probate process and to help resolve issues with estate and inherited property.

Sep 18, 2017

Families of those with loved ones who have died in a nursing home not only should seek legal help pursuing wrongful death claims, but also should seek legal help regarding the probate process. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Georgia probate issues with estate attorney Scott Fields.

Scott Fields is a probate and real estate attorney in Tucker, Georgia. He is married and has four teenage sons. Scott grew up in Chamblee and Norcross, and has lived in Tucker for almost 20 years.

Scott graduated from Georgia State University College of Law in 2011. For over five years, Scott was a real estate, small business, and probate litigator. Since forming his own firm this past February, Scott has focused on estate planning and administration. He enjoys using his litigation experience to help guide people through the probate process and to help resolve issues with estate and inherited property.

Sep 11, 2017

Proposed federal legislation called the Protecting Access to Care Act currently sits in the Senate. What’s in that bill? Important changes to the rights of all victims of nursing home abuse. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss why this bill is dangerous for nursing home care. Also discussed, are nursing home neglect cases across the country.

Sep 4, 2017

You can’t go anywhere without seeing an advertisement for an attorney. Ads are on buses, on the trains, on TV, and on billboards. But if you need an attorney to represent your loved one that has been abuse in a nursing home, how do you know which attorney to hire? In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the factors to consider when retaining a nursing home lawyer. Also discussed are nursing home neglect cases across the country.

Aug 28, 2017

Often, the signs of nursing home abuse or neglect are not obvious. However, when things don’t seem to add up, it may be time to take action. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the first steps to take if you suspect nursing home neglect and abuse. Also discussed are nursing home neglect cases across the country.

Aug 21, 2017

Nursing home cases contain a lot of moving parts. From acquiring medical records, government reports, witness statements, and expert opinions, compiling the necessary information to present a claim against a nursing home can be time consuming. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the timeframe for a typical nursing home abuse case. are some recent lawsuits filed across the country.

Aug 14, 2017

Nursing home neglect and abuse cases are unlike other personal injury claims. Often, there are complicated medical questions regarding causation, as well as intricate disputes regarding the standard of care. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith break down a typical nursing home case, and what problems may arise. Also discussed are nursing home neglect cases across the country.

Aug 7, 2017

Nursing home neglect and abuse often results in an actionable claim on behalf of the resident against the nursing home and any other responsible parties. However, not every claim becomes a lawsuit that is filed in a court of law. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss when an injured nursing home resident would file a lawsuit, and when then settlement can be reached. Also discussed are some recent lawsuits filed across the country.

Jul 31, 2017

The Georgia Office of the State Long-Term Care Ombudsman seeks to improve the quality of life for residents of long-term care facilities (nursing homes, intermediate care facilities for the mentally retarded, personal care homes, and community living arrangements). The Georgia office certifies and trains community ombudsmen who work to resolve concerns of long-term care facility residents statewide. In todays episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the Ombudsman’s role in the life of a nursing home resident. Also discussed, Trump’s 1 in 2 out rule and the effect on nursing homes.

Jul 24, 2017

The United States Supreme Court recently held that a Kentucky court violated the Federal Arbitration Act when determining that a general power of attorney does not include waiver of a jury trial unless explicitly stated in the document. In delivering the majority opinion, Justice Elena Kagan stated that the lower court failed to put arbitration agreements on an equal plane with other contracts. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the implication of this case and how it affects the rights of nursing home residents moving forward. Also discussed is the CMS rule on forced arbitration.

Jul 17, 2017

Over two million infections are spread among the 16,000 nursing home residents of the United States each year. Infections, including UTIs, pneumonia, and C. diff, are associated with high rates of hospitalization and death. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the common types of infections experienced by nursing home residents.

Jul 10, 2017

It seems like every day a story is reported of nursing home abuse being secretly captured on film by a hidden camera placed by the suspecting family. However, what is the legality of placing a camera in a loved one’s room and does this leave the family open to liability? In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the law surrounding surveillance in nursing homes. Also discussed, how a nursing home in Syracuse, New York was fined after two residents with a history of sexual abuse assault other residents.

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