Residents of nursing homes and their loved ones have the right to be updated on the status of medical care, basic facility operations, and other information. Don’t be scared to ask questions of nursing home staff. The more you know, the better watchdog you can be. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss questions to ask nursing home staff with guest Clay Smith, a registered nurse.
Clay Smith has over ten years of experience in the healthcare industry. He has worked as a combat medic in the United States Army National Guard, as a nurse in nursing homes across Georgia, as an EMT, and currently provides nursing care in a progressive care unit of a Georgia hospital.
On today’s episode, we welcome back Richard Mollot, the executive director of the Long Term Care Community Coalition (LTCCC). LTCCC is nonprofit organization dedicated to improving care for seniors and the disabled through legal and policy research, advocacy and education. Nursing home abuse attorneys Rob Schenk and Will Smith continue their discussion on the status of care in the nursing home industry, CMS regulations and guidelines, and more. For more information about the LTCCC, check out www.NursingHome411.org.
On today’s episode, we welcome Richard Mollot, the executive director of the Long Term Care Community Coalition (LTCCC). LTCCC is nonprofit organization dedicated to improving care for seniors and the disabled through legal and policy research, advocacy and education. Nursing home abuse attorneys Rob Schenk and Will Smith discuss with Richard the status of care in the nursing home industry, CMS regulations and guidelines, and more. For more information about the LTCCC, check out www.NursingHome411.org.
Georgia House Bill 803 aims to make it a crime in Georgia to traffick disabled adults, elder persons, or residents. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the purpose of this proposed law and why it is necessary. Also discussed, an interesting result in a medical malpractice case in Michigan.
Under O.C.G.A. 9-3-33, the Statute of Limitations for personal injuries in Georgia is two years from the time in which the “right accrues.” This includes most claims surrounding nursing home abuse and neglect. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how this limitations period may be shortened or extended, and the policy rationale behind the law.
Long-term care ombudsmen are advocates for residents of nursing homes, board and care homes and assisted living facilities. Ombudsmen provide information about how to find a facility and how to do to get quality care. Most importantly, ombudsmen can assist you with complaints against nursing homes. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk welcome special guest William Whited to the podcast to discuss who the ombudsman are, for whom they advocate, and when they should be sought out.
William Whited serves as the State Long-Term Care Ombudsman for the State of Oklahoma. He is responsible for the daily operations of the Oklahoma Long-Term Care Ombudsman Program and systems and legislative advocacy for long-term care residents.
Every state in the country has a working Long-Term Care Ombudsman program. Their duties include assistance to residents of nursing homes, assisted living facilities, and other locations to protect long term care residents' rights. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk welcome special guest William Whited to the podcast to discuss who the ombudsman are, for whom they advocate, and when they should be sought out.
William Whited serves as the State Long-Term Care Ombudsman for the State of Oklahoma. He is responsible for the daily operations of the Oklahoma Long-Term Care Ombudsman Program and systems and legislative advocacy for long-term care residents.
It is often said that if regulatory agencies were properly funded and allowed to do their jobs, nursing home abuse attorneys would go out of business. In today’s episode, attorneys Will Smith and Rob Schenk discuss the civil justice system, suing nursing homes, and investigating abuse with special guest Mark Kosieradzki, a nursing home abuse lawyer based in Minnesota.
Mark Kosieradzki is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in “Best Lawyers in America” in addition to recently receiving his 21st Super Lawyer award. His injury practice focuses primarily on nursing home abuse and neglect.
Hundreds of lawsuits are filed against nursing homes across the country by family members of injured residents. It is only during this litigation process that answers are uncovered and truth is obtained. In today’s episode, attorneys Will Smith and Rob Schenk discuss the civil justice system, suing nursing homes, and investigating abuse with special guest Mark Kosieradzki, a nursing home abuse lawyer based in Minnesota.
Mark Kosieradzki is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in “Best Lawyers in America” in addition to recently receiving his 21st Super Lawyer award. His injury practice focuses primarily on nursing home abuse and neglect.
Nearly 4,000 nursing home residents are treated for injuries from bed rails each year. These injuries include suffocation and broken bones. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss a specific lawsuit filed after a nursing home resident died from the use of bedrails.
Between 2010 and 2015, 226 nursing homes were cited for instances of failing to protect residents from sexual abuse. These occurrences resulted in over $9 million in fines and in 16 instances, the forced shut down of the facility. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss the signs of sexual abuse in nursing homes. Also discussed, one nursing home’s lack of an escape plan during a wildfire.
According to recent studies, one in five nursing home residents suffer from medical errors, with 37% of those being medication errors. Medication errors include administering the wrong drug or in inadequate amounts, or failing to provide them at the appropriate intervals . In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss how medications are passed out in nursing homes and how this process can lead to problems.
In a recent investigation, Department of Health and Human Services concluded that nursing homes billed about a quarter of claims incorrectly, usually through a process called upcoding, resulting in overpayments representing tens of millions of dollars annually. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss how nursing homes overbill, how they employees can report it, and the consequences of whistleblowing.
On October 4, 2016, CMS issued regulations protecting residents of nursing homes participating in the Medicare and/or Medicaid programs. The regulations were to be rolled out in three phases from 2017 to 2019. On November 28, 2017, an 18-month moratorium on full enforcement of certain Phase 2 requirements began. The moratorium means that nursing homes will not be financially penalized for violating the standards of care to which requirements the moratorium applies. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Phase 2 protections and why their enforcement is being delayed.
Georgia law protects elderly persons from physical and financial exploitation or abuse. Prosecution of criminal elder exploitation and abuse are handled by the District Attorney’s Offices across the state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss prosecuting elder abusers under Georgia law with attorney and former prosecutor Richard Armond.
Attorney Richard C. Armond practices in the areas of personal injury, wrongful death, and criminal defense. Prior to forming the Armond Law Firm, he spent nine and a half years as a prosecutor in Gwinnett County, Georgia. At the Solicitor-General’s office and then later at the District Attorney’s office, Richard handled a high-volume caseload and gained significant jury trial experience while prosecuting some of the most serious cases in Gwinnett State Court.
His office, The Armond Firm, LLC, is located at 260 Constitution Boulevard, Lawrenceville, Georgia 30046, one mile from the Gwinnett Justice and Administration Center. He can be reached directly at (678) 661-9585 or at armondlaw.com .
Georgia law protects elderly persons from physical and financial exploitation or abuse. Prosecution of criminal elder exploitation and abuse are handled by the District Attorney’s Offices across the state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss prosecuting elder abusers under Georgia law with attorney and former prosecutor Richard Armond.
Attorney Richard C. Armond practices in the areas of personal injury, wrongful death, and criminal defense. Prior to forming the Armond Law Firm, he spent nine and a half years as a prosecutor in Gwinnett County, Georgia. At the Solicitor-General’s office and then later at the District Attorney’s office, Richard handled a high-volume caseload and gained significant jury trial experience while prosecuting some of the most serious cases in Gwinnett State Court.
His office, The Armond Firm, LLC, is located at 260 Constitution Boulevard, Lawrenceville, Georgia 30046, one mile from the Gwinnett Justice and Administration Center. He can be reached directly at (678) 661-9585 or at armondlaw.com .
We'll return January 8th with our first episode of 2018! See you then!
We'll return January 8th with our first episode of 2018! See you then!
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.
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.
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.
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.
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.
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.
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.