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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: Category: Nursing Home Abuse
Sep 17, 2018

Falls are a common hazard faced by nursing home residents and can be an indicator of health problems.  It makes sense to take particular care with incidences of falls in older people and their subsequent care.  In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss prevention of falls in nursing home residents and care of residents at risk of falling with guest Teresa Boynton, a clinical consultant at Hill-Rom.

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.

Jul 3, 2017

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.

Jun 26, 2017

Mediation is an alternative dispute resolution method in which a neutral party attempts to facilitate a settlement between parties. As an alternative to litigation, mediation can often be much faster, cheaper, and less risky. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the phases of mediating a case against a nursing home. Also discussed, online resources that are helpful for locating the nursing home that is right for your loved one.

Jun 19, 2017

There are many moving parts to a lawsuit alleging abuse filed against a nursing home. From the initial filing and service, motions practice, service, trial, and appeals, the entire process can take years. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the phases of litigating a nursing home abuse case.

Jun 12, 2017

Skilled nursing facilities come in many shapes and sizes. What care your loved one receives at a nursing home may be different than the care received at an assisted living facility. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the standards of care for various skilled nursing facilities, as well as palliative, hospice, and general care. Also discussed, whether family members of nursing home residents should fear repercussions for reporting abuse.

Jun 5, 2017

Elder abuse, whether occurring in a nursing home or other facility, or in the home of a family member, is a crime. Perpetrators of abuse are susceptible to fines and jail time under criminal codes that vary from state to state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the various criminal codes that are applicable to abuse. Also discussed, the concept of punitive damages in nursing home cases: what they are and when they are awarded.

May 29, 2017

Abuse or neglect can result in large verdicts against nursing homes. Still, hefty verdicts are not the only way that long term care facilities can be punished. Nursing home abuse may result in fines, withdrawal of federal funding, jail time, or all of the above. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the various administrative, civil, and criminal repercussions for wrong-doing. Also discussed, the obligation of a nursing home to use bedrails to prevent falls.

May 22, 2017

Representative Steve King of Iowa recently introduced HR Bill 1215, otherwise known as the "Protecting Access to Care Act of 2017." On the bill, caps on damages against nursing homes, federal statute of limitations on nursing home claims, and capping attorneys fees. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the implications of this bill and what it actually means for nursing home residents. 

May 15, 2017

A nursing home abuse law firm advertised in a local Georgia paper for potential victims of abuse at a nursing home facility. When the trial court enjoined the ad, the lawyers appealed and the Georgia Supreme Court reversed, allowing the firm to continue to use facility-specific advertising. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss what this case means for attorney advertising in the nursing home market. Also discussed, whether the loved one of a nursing home abuse victim may be sued for defamation after reporting a claim. 

May 8, 2017

Elopement occurs when a resident wanders without supervision outside of the nursing home. Elopement can be extremely dangerous for residents, and according to many studies, is on the rise. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss unsupervised wandering, elopement, and how nursing homes should protect residents from this danger. Also discussed, whether a nursing home is required to screen residents for sex offenses. 

May 1, 2017

Bedsores, sometimes called pressure ulcers or decubitus ulcers, are an injury to the skin and underlying tissue common in nursing homes. Without proper treatment, bedsores can cause grave injury and death. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss this injury is caused and how bedsore cases against nursing homes work. Also discussed, proposed legislation in Arkansas that would limit the ability of nursing home residents to seek compensation in civil trials.  

Apr 24, 2017

In October 2016, the Centers for Medicare and Medicaid Services issued a final rule "Reform of Requirements for Long-Term Care Facilities" prohibiting nursing homes accepting Medicare funds from requiring binding arbitration agreements. After at least one Federal action, CMS has suspended enforcement of the rule. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the future of the rule, the new administration, and how arbitration affects the rights of nursing home residents. Also discussed, a Kentucky case in the US Supreme Court regarding the power to bind residents to arbitration, and the outbreak of Legionnaire's disease in some California nursing homes. 

Apr 17, 2017

Window blind cords and other window coverings can be danger to nursing home residents with dementia, Alzheimer's, or physical disabilities. In fact, the Alzheimer Association advises that the same safety measures for residences with small children be undertaken by facilities housing Alzheimer patients. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the standard of care of nursing homes to keep residents safe from this hazard. Also discussed, how the alleged improper use of chemicals during a hair styling appointment lead to the death of a nursing home resident. 

Apr 10, 2017

In this episode of the Nursing Home Abuse Podcast, attorneys Rob Schenk and Will Smith discuss the types of documents needed to act on behalf of a loved one. Also discussed, a typical day in the life of a nursing home resident. 

Apr 3, 2017

In this episode of the Nursing Home Abuse Podcast, attorneys Rob Schenk and Will Smith discuss nursing home fraud, how to report it, and qui tam lawsuits. 

Mar 27, 2017

In this episode of the Nursing Home Abuse Podcast, attorneys Rob Schenk and Will Smith discuss the ways in which nursing homes prevent injury to residents, including assessments for bedsores and falls. 

Mar 20, 2017

In this episode of the Nursing Home Abuse Podcast, attorneys Rob Schenk and Will Smith discuss the considerations made when deciding to place our loved ones in a nursing home. Also discussed: elder care in Japan. 

Mar 13, 2017

In this episode of the Nursing Home Abuse Podcast, attorneys Rob Schenk and Will Smith discuss rights retained by all residents of Georgia nursing homes. Also discussed, the challenges of enforcing those rights, and the story of one hard partying nursing home resident. 

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