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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 Neglect
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.

Dec 17, 2018

Thousands of complaints are made against nursing homes every year. Hundreds of family members of nursing home residents seek the advice of counsel. Still fewer cases are initiated and only a fraction of those reach a verdict. In today’s episode, attorneys Rob Schenk and Will Smith discuss the process by which a case is evaluated by attorneys.

Dec 10, 2018

According to some recent studies, over 1.5 million people live in nursing homes or skilled nursing facilities in the USA. Among those residents, over 2 million infections occur annually. Infections are associated with elevated rates of morbidity and mortality, rehospitalization, and extended hospital stays. In today’s episode, attorneys Rob Schenk and Will Smith discuss whether nursing homes are liable for infections.

Dec 3, 2018

The NursingHome411.Org website is a useful resource for anyone looking for a nursing home or interested in current issues in nursing home care.  In today’s episode, attorneys Rob Schenk and Will Smith discuss how to utilize the nursing home 411 website to find or evaluate a nursing home with guest Richard Mollot, Executive Director of The Long Term Care Community Coalition.

Nov 26, 2018

Sexual abuse is non-consensual sexual contact by one person upon another. Sexual abuse is a form of elder abuse that frequently goes underreported, under-investigated, and unnoticed. In today’s episode, attorneys Rob Schenk and Will Smith discuss the signs of sexual abuse and how to uncover when it may be occurring to a loved one.

Nov 19, 2018

Minimum Data Sets are taken whenever a resident is admitted or discharged from a nursing home. They are important records that follow a resident to indicate their needs.  In today’s episode, attorneys Rob Schenk and Will Smith discuss nursing home minimum data sets and their role in nursing home care with guest Margo Craig, a legal nurse consultant with Sentry Medical Legal Services.

Nov 12, 2018

Slings and lifts in nursing homes are used to move residents when necessary, however they can fail causing injury and even death.  In today’s episode, attorneys Rob Schenk and Will Smith discuss how slings and lifts are used in nursing homes and their failure rates with guest Teresa Boynton, a clinical consultant at Hill-Rom.

Nov 5, 2018

Arbitration is the preferred dispute resolution method of nursing homes across the country. Arbitration is an alternative to the 7th Amendment right to a civil trial by jury and is almost always binding without the possibility of appeal. In In today’s episode, live, from the Consumer Voice conference, Will Smith talks about why arbitration is bad for the average nursing home resident and good for the average nursing home owner.

Oct 29, 2018

The National Consumer Voice for Quality Long-Term Care (“Consumer Voice”) is the nation’s leading advocacy group representing consumers in issues related to nursing homes, helping to ensure that residents are empowered to advocate for themselves. From October 22nd through October 24th, Consumer Voice held its annual conference in Alexandria, Virginia. In today’s episode, attorneys Rob Schenk and Will Smith discuss their attendance at the conference what was learned.

Oct 22, 2018

Not all nursing home staff are the same, they have specialized roles when caring for your loved one.  In today’s episode, attorneys Rob Schenk and Will Smith discuss the different kinds of staff that work in nursing homes and their roles.

Oct 15, 2018

Filing suit against a nursing home in Georgia courts can be a complex and time-consuming process. From start to finish, a lawsuit may take years to get to verdict. In today’s episode, attorneys Rob Schenk and Will Smith discuss the manner in which a case may be settled prior to verdict or even filing suit.

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