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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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The Nursing Home Abuse Podcast
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Now displaying: Category: Nursing Home Neglect
Sep 2, 2019

On this very, extra, super special episode of the Nursing Home Abuse Podcast, LaGuardia Community College students Zilla Tofte and Mariuxi Moran take over as hosts of the show. Zilla and Mariuxi ask us questions as part of a school project (in collaboration with the Gardiner-Shenker Fellowship) on nursing home abuse and fraud. Among other things, we talk about the Omnibus Budget Reconciliation Act, journalist Edith Evans Asbury, One Flew Over the Cuckoos Nest, and Qui Tem. Please be sure to check out Zilla and Mariuxi’s podcast on the project, The Endless Fight!!!

Aug 19, 2019

Under Federal and state laws, certain medical providers, including nurses and physicians, have a legal duty to report elder abuse to a specified state agency. Such statutes include abuse occurring in nursing homes, assisted living facilities, and persona care homes. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Nancy J. Brent, Esq. to discuss mandatory reporting in the skilled nursing setting.

Aug 5, 2019

Residents of nursing homes are almost 3 times more likely to fall than seniors living in the general community, and nearly 10 times more likely to incur catastrophic injury from a fall. This is why fall prevention is extremely important in long-term care. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Ngaire Kerse of the University of Auckland to discuss fall risk assessments in nursing homes and keeping residents safe from falls.

Jul 22, 2019

Dementia is a broad disorder that affects not just memory, but cognition and behavior. According to some recent studies, nearly 15% of the senior community over 70 live with dementia, with nearly half of those living in nursing homes. As such, skilled nursing facilities must be able to properly care for these vulnerable residents. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Professor Rhonda Nay @RhondaMNay of La Trobe University in Melbourne, Australia to talk about caring for nursing home residents living with dementia.  

Jul 8, 2019

Did you know that there is a Georgia organization made up of law enforcement and non-profits that is educating the community on elder abuse? Meet the North Georgia Elder Abuse Task Force, serving Georgia’s seniors through education and outreach. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Joe Gavalis from NGEATF to talk about the goals and accomplishments of the organization.

Jul 1, 2019

Aspiration pneumonia is one of the more common infectious diseases in nursing homes and is a significant cause of mortality and morbidity among residents. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Susan Langmore of Boston University to discuss aspiration pneumonia in nursing homes, including common prevention methods and treatment.

Jun 24, 2019

A memory care unit is a specialized form of long-term skilled nursing that centers on the care of residents with Alzheimer's disease, dementia and other types of cognitive issues. By law, nursing homes advertising memory care are obligated to meet various requirements, including specialized training and treatment. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Michael Splaine of Splaine Consulting and Cognitive Specialists LLC to discuss how memory care differs from typical skilled nursing care.

Jun 17, 2019

One recent study estimated that more than 2.5 million individuals in the US develop pressure ulcers each year. These injuries are even more acute in long-term care, causing catastrophic problems in our elderly population. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Catherine Milne, advanced practical wound nurse and co-owner of Connecticut Clinical Nursing Associates, to talk about how long-term care facilities can help prevent pressure ulcers from occurring.

Jun 10, 2019

Statistics make clear that falls are a serious threat to the health of our senior population. One in three people over the age of 65 and one in two over the age of 85 experience at least one fall each year. Within that subset, persons living in the long-term care setting are ten times more likely to fall, and are far more likely to sustain serious injury as a result. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Diane Carter, RN, founder of @AANAC_LTC to talk about how long-term care facilities can help prevent residents from falling.

Jun 3, 2019

Although some bedsores cannot be avoided, most can and should be prevented before they start. Improper planning and care are the principle culprits to the development of bedsores. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Margo Craig, RN from Sentry Legal @legalnurse5 to talk about common interventions that can help prevent the development of bedsores in nursing home residents.

May 27, 2019

From unlawful eviction to improper use of physical restraints, there are common themes of neglect, abuse, and wrongdoing in the over 15,000 nursing homes across the country. This is why organizations like Justice in Aging @justiceinaging are fighting to educate families of nursing home residents. Their recent publication, “25 Common Nursing Home Problems- & How to Resolve Them” is an excellent resource. In this week’s episode,we welcome guest Eric Carlson, directing attorney of Justice in Aging, to talk about five common nursing home problems.

May 20, 2019

Senior Medicare Patrols (SMPs) help Medicare beneficiaries and their families detect and report healthcare fraud. SMPs across the country conduct outreach and educate, engage volunteers, and receive complaints on a daily basis.  In this week’s episode,we welcome guest Stacey Platte, Director at the Administration for Community Living @aclgov  to talk about the role that SMPs play in the fraud prevention in the elder care community.

May 13, 2019

While some pressure ulcers are unavoidable, many can be stopped before they start. As the old saying goes, an ounce of prevention is worth a pound of cure. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Martha Kelso, RN from My Wound Care Plus @mywoundcareplus to talk about common interventions that can help prevent the development of pressure ulcers in nursing homes.

May 6, 2019

A recent study by the Pennsylvania Coalition Against Rape @PCARORG found that nearly 83 percent of victims of elder sexual abuse reside in a long term care setting. What’s worse is that the instances of elder sexual abuse are less likely to lead to a conviction. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the plague of sex abuse in nursing homes and how to spot the signs.

Apr 29, 2019

A tracheostomy (trach) tube is a curved tube inserted into the trachea for the purpose of providing air to the patient. A trach tube requires specific upkeep and care to remain safe for the patient. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith discuss common safety issues surrounding trach tubes in nursing home residents with Michelle Glower, RN and legal nurse consultant.

Apr 22, 2019

Most nursing home admission documents contain arbitration agreements. Arbitration is an alternative dispute resolution method that bypasses the civil justice system. Most nursing homes favor arbitration while almost all consumer groups oppose their requirement. In today’s episode, nursing home abuse lawyers Rob Schenk and Will Smith discuss the benefits and problems with arbitration agreements in nursing homes with guest Elizabeth Newman @TigerELN, senior editor at McKnight’s @mcknightsltcn

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.

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