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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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The Nursing Home Abuse Podcast
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Now displaying: 2019
Jun 17, 2019

One recent study estimated that more than 2.5 million individuals in the US develop pressure ulcers each year. These injuries are even more acute in long-term care, causing catastrophic problems in our elderly population. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Catherine Milne, advanced practical wound nurse and co-owner of Connecticut Clinical Nursing Associates, to talk about how long-term care facilities can help prevent pressure ulcers from occurring.

Jun 10, 2019

Statistics make clear that falls are a serious threat to the health of our senior population. One in three people over the age of 65 and one in two over the age of 85 experience at least one fall each year. Within that subset, persons living in the long-term care setting are ten times more likely to fall, and are far more likely to sustain serious injury as a result. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Diane Carter, RN, founder of @AANAC_LTC to talk about how long-term care facilities can help prevent residents from falling.

Jun 3, 2019

Although some bedsores cannot be avoided, most can and should be prevented before they start. Improper planning and care are the principle culprits to the development of bedsores. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Margo Craig, RN from Sentry Legal @legalnurse5 to talk about common interventions that can help prevent the development of bedsores in nursing home residents.

May 27, 2019

From unlawful eviction to improper use of physical restraints, there are common themes of neglect, abuse, and wrongdoing in the over 15,000 nursing homes across the country. This is why organizations like Justice in Aging @justiceinaging are fighting to educate families of nursing home residents. Their recent publication, “25 Common Nursing Home Problems- & How to Resolve Them” is an excellent resource. In this week’s episode,we welcome guest Eric Carlson, directing attorney of Justice in Aging, to talk about five common nursing home problems.

May 20, 2019

Senior Medicare Patrols (SMPs) help Medicare beneficiaries and their families detect and report healthcare fraud. SMPs across the country conduct outreach and educate, engage volunteers, and receive complaints on a daily basis.  In this week’s episode,we welcome guest Stacey Platte, Director at the Administration for Community Living @aclgov  to talk about the role that SMPs play in the fraud prevention in the elder care community.

May 13, 2019

While some pressure ulcers are unavoidable, many can be stopped before they start. As the old saying goes, an ounce of prevention is worth a pound of cure. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Martha Kelso, RN from My Wound Care Plus @mywoundcareplus to talk about common interventions that can help prevent the development of pressure ulcers in nursing homes.

May 6, 2019

A recent study by the Pennsylvania Coalition Against Rape @PCARORG found that nearly 83 percent of victims of elder sexual abuse reside in a long term care setting. What’s worse is that the instances of elder sexual abuse are less likely to lead to a conviction. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the plague of sex abuse in nursing homes and how to spot the signs.

Apr 29, 2019

A tracheostomy (trach) tube is a curved tube inserted into the trachea for the purpose of providing air to the patient. A trach tube requires specific upkeep and care to remain safe for the patient. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith discuss common safety issues surrounding trach tubes in nursing home residents with Michelle Glower, RN and legal nurse consultant.

Apr 22, 2019

Most nursing home admission documents contain arbitration agreements. Arbitration is an alternative dispute resolution method that bypasses the civil justice system. Most nursing homes favor arbitration while almost all consumer groups oppose their requirement. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith discuss the benefits and problems with arbitration agreements in nursing homes with guest Elizabeth Newman @TigerELN, senior editor at McKnight’s @mcknightsltcn

Apr 15, 2019

In any nursing home abuse lawsuit, the resident’s nursing home records hold the clues that unlock the case. From medication administration records to the admission package, nursing home records are the keystone for understanding what went wrong after an injury. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk what families should know about nursing home records with guest Tory Palivoda, RN and legal nurse consultant.

Apr 8, 2019

Aging and Disability Resource Centers (ADRCs) are system of partnered organizations available in every state dedicated to providing seniors with information on a host of programs and services.  In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk about ADRCs, including Georgia’s ADRC @adrcga with Melissa Sisneros, New Mexico Long Term Care Ombudsman.  

Apr 1, 2019

The Georgia Legislature @AssemblyGeorgia  is one of the principal vehicles for the protection of nursing home residents.  In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk welcome Georgia Representative Sharon Cooper @repsharoncooper onto the podcast to discuss legislative actions aimed at protecting Georgia’s seniors.

Mar 25, 2019

In 2011, the National Institute for Occupational Safety and Health conducted a study that determined 16 and 17-year-old nursing home employees cannot safely operate power-driven hoists to lift and transfer patients without supervision. Use of such devices put teens at increased risk for serious injuries. Recently, the Trump administration attempted to roll back regulations preventing teens’ use of such lifts.  In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk about the implications of teen use of power-driven lifts in nursing homes.

Mar 18, 2019

Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. One of their many areas of advocacy is with the rights of seniors. HRW is working to uncover the abuse suffered by millions of seniors across the globe. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk about@HRW ’s mission with guest Bethany Brown. @bethany_L_Brown

Mar 11, 2019

The Georgia Council on Aging was formed in 1977 by the Georgia Legislature. Their mission is to advocate on behalf of aging Georgians and their families to improve their quality of life, make recommendations concerning programs for the elderly in Georgia, and serve in advisory capacity on aging issues to the Georgia government.  In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk about this organization with Kathy Floyd, Executive Director of the GCoA.

Mar 4, 2019

By most definitions, an assisted living facility is a long-term care facility that provides limited personal care support services depending on the needs of the resident. Unlike nursing homes, assisted living facilities are not governed by Federal regulations. In today’s episode, nursing home lawyers Rob Schenk and Will Smith discuss the regulatory schemes governing assisted living facilities with Eric Carlson, an attorney with @justiceinaging.

Feb 25, 2019

According to a recent study, each week 179,000 nursing home residents are given  antipsychotic even though the residents do NOT have diagnoses for which the drugs are approved. Often, these drugs are administered without informed consent. Unrelated to any underlying treatment, the medications are provided to make the resident docile. In today’s episode, nursing home lawyers Rob Schenk and Will Smith discuss in appropriate use of medication in nursing homes with Kelly Bagby, an attorney and Vice President of the AARP Foundation Litigation.

Feb 18, 2019

Hundreds of encounters between nursing home residents resulting in injury occur each year. What are the causes of these incidents and what are some of the interventions that nursing homes can take to reduce their occurance? In today’s episode, nursing home lawyers Rob Schenk and Will Smith discuss resident-to-resident incidents with Dr. Eilon Caspi, a Gerontologist and Dementia Behavior Specialist who recently authored a study on this phenomena.

Feb 11, 2019

Restraints are often used in nursing homes to prevent unwanted behavior in residents. Restraints may include physical restraints, such as Geri Chairs or bed rails, or chemical restraints, such as sedatives. Federal law prohibits the use of restraints of any kind unless absolutely medically necessary. In today’s episode, nursing home lawyers Rob Schenk and Will Smith discuss the inappropriate use of restraints in nursing homes with guest Diane Carter, RN, founder of the American Association on Post-Acute Care Nursing.

Feb 4, 2019

Senior Medicare Patrols (SMPs) assist Medicare beneficiaries to detect and report health care fraud and abuse. SMPs conduct outreach to educate the community, recruit and engage volunteers, and receive and investigate complaints from Medicare beneficiaries. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk in depth about SMPs with guest Nathan Coflin a representative of the Georgia Senior Medicare Patrol Program.

Jan 28, 2019

On November 30th, 2018, Centers for Medicare and Medicaid Services issued a memorandum that stated the obvious: staffing in long-term care nursing facilities significantly affects the care delivered to residents. More interestingly, CMS stated its concern that, according to mandatory reporting data, many nursing homes failed to maintain adequate staff on off hours. Some failed to have RNs for days at a time. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the significance of CMS’ memo on staffing.

Jan 21, 2019

We often throw the words “probate” and “estate” around without much thought to their actual legal definitions. What is the probate process and how does setting up an estate of a deceased person affect a potential nursing home case? In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith talk about the Georgia probate process with Georgia probate lawyer Scott Fields.

Jan 14, 2019

Joe Musso, a partner at @ashcraftgerel presents at the 2018 National Consumer Voice Conference about simple actions that can help reduce the likelihood of neglect or abuse of loved ones in nursing homes.  

A 20-year career as a nursing home abuse and neglect attorney can teach you many valuable lessons about how to protect a loved one in a skilled nursing facility. Joe Musso has devoted his entire career to representing victims of nursing home abuse and neglect. He is the creator of the Empowered Caregiver Program which teaches family members how to confidently and effectively advocate and protect their loved ones.

Jan 7, 2019

There is plenty of synergy between the practice of an elder law lawyer and lawyers that sue nursing homes for neglect in Georgia. In today’s episode, nursing home lawyer Will Smith gives a presentation to the Elder Law Section of the @atlantabar on arbitration in admission documents, powers of attorney, and more.

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