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.
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.
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.
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.
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.