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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 Rob Schenk of Schenk Nursing Home Abuse Law in Atlanta, Georgia.
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Now displaying: 2020
Dec 21, 2020

Care plans are required for every nursing home resident. Care plans are the blueprint for care and treatment. But what else? In this week’s episode, we shine the light on ten things you might not know about nursing home care plans.

Dec 7, 2020

Georgia nursing homes are regulated by Federal and Georgia laws. Facilities are overseen by the Department of Community Health as well as the Centers for Medicare and Medicaid Services. In this week’s episode, we dig deeper into the regulations and agencies in charge of enforcing them.

Nov 23, 2020

In Georgia, the term ‘wrongful death’ means the claims brought by family members against the party responsible for causing a death. But, who holds the claim, when can the claim be brought, and can families bring wrongful death claims against nursing homes? In this week’s episode, we explore wrongful death  lawsuits against Georgia nursing homes.

Nov 9, 2020

Nursing homes may be liable for injuries and death resulting from pressure ulcers if the injury was avoidable. This means that the nursing home failed to either assess the resident correctly, develop a proper care plan, or revise the plan along the way. If a nursing home does not check all these boxes, then the resident may bring a lawsuit. In this week’s episode, we take a deep dive into a nursing home pressure ulcer lawsuit.

Oct 26, 2020

Sepsis is consistently in the top ten causes of death every year. Why are nursing home residents susceptible to sepsis and septic shock? When is a resident who has been hospitalized or killed by sepsis allowed to sue a nursing home? In this week’s episode, we talk about this deadly illness, precautions that nursing homes should to take, and when a lawsuit may be filed in Georgia.

Oct 12, 2020

Severe injuries and death can occur when bed rails are used in nursing homes. In fact, Federal regulations prohibit the use of bed rails in most instances. In this episode, we discuss when a nursing home may be liable for improper use of bed rails.

Sep 28, 2020

The term “avoidable” is defined in the Federal regulations governing the operations of nursing homes. A pressure ulcer is avoidable when a nursing homes neglect to assess a resident’s skin integrity, complete a care plan with personalized interventions based on that assessment, or update that care plan based on observation. Neither age, chronic illness, or non-compliance plays a factor. In this week’s episode, we talk about a nursing home’s obligation to residents to prevent pressure ulcers, and what it means to be avoidable or unavoidable.

Sep 14, 2020

Nursing home residents have the right to refuse or decline particular treatments. But what is the responsibility of the nursing home for delivering care when a resident is non-compliant? Simply for the fact that a resident has exercised her choice does not allow the nursing home to give up or neglect their duties. In this week’s episode, we explore the relationship between a resident’s right and the obligations of the nursing home for finding alternatives.

Aug 31, 2020

In April 2020, Governor Brian Kemp issued an Executive Order protecting nursing homes and nursing home staff from claims of negligence during the Covid-19 state of emergency. What does this mean for cases other than Covid-19, like cases for abuse? What were the infection control protocols for nursing homes before and after Covid-19? In this week’s episode, we unpack the right of those who have been injured or killed in Georgia nursing homes during the pandemic.

Aug 17, 2020

Hearing loss in nursing home residents may have a critical impact on quality of life. As such, facility staff should be encouraged to embarrass more comprehensive hearing assessments. On this week’s episode, we welcome Dr. Kathy Dowd, AuD to talk about hearing assessments, care plans, and the “hearing standard of care” for nursing home residents.

Aug 3, 2020

The Center for Elder Law & Justice is a non-profit civil legal services agency, providing free legal representation in Western New York. On this week’s episode, we welcome Lindsay Heckler, supervising attorney, to discuss the Center’s mission.

Jul 20, 2020

Every nursing home must conduct a comprehensive assessment of each resident’s specific risk for skin breakdown. With hundreds of variables, systematizing such an assessment for efficient use by nursing home staff is critical. In this week’s episode, we welcome Dr. Nancy Bergstrom, who along with Dr. Barbara Braden, developed the Braden Scale for Predicting Pressure Ulcer Risk to talk about the importance of skin assessments and the myriad of variables at play. 

Jul 6, 2020

Under Federal law, nursing homes are required to assess every resident for risk of pressure ulcer development using an interdisciplinary team that includes nurses, physicians, and other hands-on care givers. Why is such a comprehensive approach necessary? Holistic approaches provide better prevention and treatment plans. In this week’s episode, we welcome Dr. Aletha Tippett to talk about how simple, systematic approaches to assessments can yield great results for residents.

Jun 22, 2020

We’ve made it 150 Episodes! In celebration of this milestone, we are dedicating the episode to highlighting five valuable resources to families of loved ones in nursing homes. From informative websites to advocacy groups, nursing home lawyers Rob Schenk and Will Smith discuss the must-know tools to help prevent neglect in Georgia nursing homes.

Jun 8, 2020

Georgia regulations require that a resident’s representative be called at certain times. For example, when a resident suffers an injury or requires a new medication.  On this week’s episode, nursing home abuse attorney Rob Schenk discusses five circumstances in which nursing homes are required to call a loved one.

May 25, 2020

Georgia nursing homes are required to follow both Federal and State regulations. Of the hundreds and hundreds of pages of regulations, many rules affect the day-to-day welfare of nursing home residents, from grievance filings to health assessment obligations. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss five things to know about Georgia nursing home regulations.

May 11, 2020

Recent surveys reveal that between 4% and 6% of seniors inside or outside long-term care facilities are victims of financial abuse, physical abuse or neglect. The numbers climb each year. It is up to all of us to reverse these trends. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss four ways to report abuse and neglect in Georgia’s nursing homes.

Apr 27, 2020

When assisting nursing home residents from bed, up from a wheelchair, or to the bathroom, having the appropriate amount of staff and the correct technique can be critical for safety. Many injuries occur every year during transfers and lifts because of lapses in judgement or failure to follow a care plan. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith welcome Teresa Boyton to discuss transfer and lift safety in nursing homes.

Apr 13, 2020

It is easy to become confused about different types of long-term care facilities. In Georgia, a personal care home is not the same thing as an assisted living facility. An assisted living facility is a personal care home that serves over 25 people and is licensed to provided “assisted living care,” which includes assistance with daily living and administration of medications. On this week’s episode, nursing home abuse attorney Rob Schenk discusses five things to know about Georgia personal care homes.

Mar 30, 2020

In general, the goal of occupational therapy is to help nursing home residents become more independent through meaningful activities and exercises. By improving life skills, substantial improvements can be made to the quality of life and dignity of the resident. On this week’s episode, nursing home abuse attorney Rob Schenk welcomes Susan Touchinsky OTR/L @SusieTouchinsky of Adaptive Mobility Services, LLC to talk about the importance of occupational therapy in a long-term care setting.

Mar 16, 2020

Infectious diseases are a major concern for our nation’s nursing home residents. In fact, Infectious diseases account for one third of all deaths in people over the age of 65. As such, infection protocols in nursing homes must be implemented as a matter of Federal law and as a line of protection. On this week’s episode, nursing home abuse attorney Rob Schenk welcomes Richard Mollot @LTCconsumer  of the Long Term Care Community Coalition to discuss the importance of infection control protocol in nursing homes.

Mar 2, 2020

It goes without saying that the ability to communicate is important. However, communication for seniors in long-term care, expressing oneself is critical. Being able to communicate simple thoughts, like pain, hunger, thirst, or other desires can be life-saving. This is why speech therapy is critical. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith welcome Sena Crutchley, MA, CCC-SLP of the University of North Carolina Greensboro to discuss how speech therapy plays into nursing home care.

Feb 17, 2020

While many experts consider falls to be preventable, they constitute more than 25% of emergency room visits for nursing home residents. In fact, this number may be well below the true number, as CMS indicates that many falls go unreported. On this week’s episode, nursing home abuse attorney Rob Schenk welcomes Dr. Rein Tideiksaar @drrein1 of Fall Prevent LLC to discuss how the severity of injuries from falls may be reduced or eliminated.

Feb 3, 2020

Federal and state regulations limit the circumstances in which a nursing home may evict a resident. Based on the health circumstances of the average nursing home resident, eviction from their normal routine or surroundings can have catastrophic circumstances. Sadly, illegal evictions are on the rise. On this week’s episode, nursing home abuse attorney Rob Schenk welcomes attorney William Alvarado Rivera @billyriv of AARP Foundation Litigation @aarpfoundation to discuss how AARP is fighting illegal evictions.

Jan 20, 2020

It goes without saying that most residents of nursing homes are disproportionately older and have chronic conditions, and often enter long-term care after an acute hospitalization. This makes nursing home residents especially vulnerable to safety problems in the course of their care. A systematic approach to resident safety is of the utmost importance. On this week’s episode, nursing home abuse attorney Rob Schenk welcomes Dr. Nicholas Castle from the University of West Virginia’s Department of Health Policy and Management to discuss his research into patient safety culture in nursing homes. 

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