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.
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.
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.
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.
There are many factors that can affect the success of a nursing home abuse case, including timing, co-morbidities, proximate cause, and location. If just one characteristic is missing, then the case may fail as a matter of law, or be impossible to prove. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the information discussed with potential clients when deciding to take on a case- or pass. Also discussed, typical fees associated with a nursing home abuse case, as well as a lawsuit for $1 million dollars alleging invasion of privacy against a nursing home.