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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
Dec 9, 2019

There are many tools to achieve justice for loved ones harmed in a Georgia nursing home. Attorneys and the civil justice system are just one of those tools. But what does a lawsuit actually do? On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the concepts of damages, recovery, and remedies in nursing home cases.

Nov 25, 2019

AAA projects 54.3 million Americans will travel by care at least 50 miles from home this Thanksgiving. A great many will visit loved ones in nursing homes for the first time in many weeks or months. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss five tips for keeping your loved on safe this Thanksgiving.

Nov 11, 2019

While historians have documented pressure ulcers dating back to the time of ancient Egypt, there still doesn’t seem to be one universal model for staging the injury. While pressure ulcers remain a common problem in long term care facilities across the country, we only seem to be inching closer to a more effective standard for diagnosing. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith welcome Martha Kelso @MarthaRKelso of @woundcareplus to discuss current methods of  staging a pressure ulcer and the issues that come with each.

Oct 28, 2019

Earlier this month, on October 1st, 2019, the “Georgia Long-Term Care Background Check Program” went into effect. The law requires nursing home employees with “direct access” to residents pass a national background check. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the statute, what it means to resident safety, and how it improves upon already existing laws.

Oct 14, 2019

The National Center on Advancing Person-Centered Practices and Systems (NCAPPS) is a national technical assistance center funded by the Administration for Community Living and the Centers for Medicare & Medicaid Services. HSRI is serving as the Center’s administrator, coordinating and providing assistance to help states, tribes, and territories implement person-centered practices. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome Alixe Bonardi, Bevin Croft, & Shawn Terrell to discuss NCAPPS’ mission and goals.

Sep 30, 2019

By definition, a fall is as any event that leads to an unplanned, unexpected contact with a supporting surface. Most studies indicate that falls are a multifactorial event resulting from multiple risk factors, including unsteady gait, cognitive impairments, medication, and others. Understanding this, Federal and state law are clear that nursing homes must take reasonable steps to prevent the risk of fall in each resident. In this week’s episode, and in honor of Fall Prevention Awareness Day, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Mindy Renfro of Touro University to discuss common interventions for the reduction of nursing home falls.

Sep 16, 2019

According to recent studies, an elderly person will be treated for injuries from a fall every 13 seconds. An elderly person will die from injuries sustained from a fall every 20 minutes. The statistics for seniors living in nursing homes is even higher. These numbers tell us that interventions to prevent falls are paramount in skilled nursing facilities. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Pat Quigley to discuss common interventions for the reduction of nursing home falls.

Sep 2, 2019

On this very, extra, super special episode of the Nursing Home Abuse Podcast, LaGuardia Community College students Zilla Tofte and Mariuxi Moran take over as hosts of the show. Zilla and Mariuxi ask us questions as part of a school project (in collaboration with the Gardiner-Shenker Fellowship) on nursing home abuse and fraud. Among other things, we talk about the Omnibus Budget Reconciliation Act, journalist Edith Evans Asbury, One Flew Over the Cuckoos Nest, and Qui Tem. Please be sure to check out Zilla and Mariuxi’s podcast on the project, The Endless Fight!!!

Aug 19, 2019

Under Federal and state laws, certain medical providers, including nurses and physicians, have a legal duty to report elder abuse to a specified state agency. Such statutes include abuse occurring in nursing homes, assisted living facilities, and persona care homes. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Nancy J. Brent, Esq. to discuss mandatory reporting in the skilled nursing setting.

Aug 5, 2019

Residents of nursing homes are almost 3 times more likely to fall than seniors living in the general community, and nearly 10 times more likely to incur catastrophic injury from a fall. This is why fall prevention is extremely important in long-term care. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Ngaire Kerse of the University of Auckland to discuss fall risk assessments in nursing homes and keeping residents safe from falls.

Jul 22, 2019

Dementia is a broad disorder that affects not just memory, but cognition and behavior. According to some recent studies, nearly 15% of the senior community over 70 live with dementia, with nearly half of those living in nursing homes. As such, skilled nursing facilities must be able to properly care for these vulnerable residents. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Professor Rhonda Nay @RhondaMNay of La Trobe University in Melbourne, Australia to talk about caring for nursing home residents living with dementia.  

Jul 8, 2019

Did you know that there is a Georgia organization made up of law enforcement and non-profits that is educating the community on elder abuse? Meet the North Georgia Elder Abuse Task Force, serving Georgia’s seniors through education and outreach. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Joe Gavalis from NGEATF to talk about the goals and accomplishments of the organization.

Jul 1, 2019

Aspiration pneumonia is one of the more common infectious diseases in nursing homes and is a significant cause of mortality and morbidity among residents. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Susan Langmore of Boston University to discuss aspiration pneumonia in nursing homes, including common prevention methods and treatment.

Jun 24, 2019

A memory care unit is a specialized form of long-term skilled nursing that centers on the care of residents with Alzheimer's disease, dementia and other types of cognitive issues. By law, nursing homes advertising memory care are obligated to meet various requirements, including specialized training and treatment. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Michael Splaine of Splaine Consulting and Cognitive Specialists LLC to discuss how memory care differs from typical skilled nursing care.

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.  

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