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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What does it mean to “file suit” against a nursing home? Where does it occur and when? In today’s episode, attorneys Rob Schenk and Will Smith discuss initiating an average nursing home lawsuit and what families of injured residents may expect.
Death certificates are a significant factor in wrongful death cases of nursing home residents, and can provide important information. It is not always considered that they can be corrected or amended under specific circumstances. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss death certificates and their administration with guest Tommy Davis, Coroner for Newton County Georgia.
Catheter-associated UTIs are a preventable health problem that is common in nursing home residents. Recent innovations designed to prevent Catheter-associated UTIs or CAUTIs are recently recommended. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the hazard of Catheter-associated UTIs in nursing home residents and methods of prevention with guest Dr. Jennifer Meddings, an Associate Professor of Internal Medicine and Pediatrics at the University of Michigan Health System.
Autopsies are mandated by the state of Georgia when someone dies in state custody or under unusual circumstances. A state autopsy can also be requested under certain conditions. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss state autopsies in Georgia and related legal procedures with guest Gene Proctor, Coroner of Floyd County Georgia.
Sepsis is a life threatening medical condition that can lead to septic shock and death. It can occur in nursing homes as a complication of bedsores and catheterization, and must be avoided. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss sepsis in nursing homes and how it can be treated and prevented with guest Dr. Imrana Malik, Global Sepsis Alliance Advance Coordinator.
Care and policy involving older people is an active area of regulation and legislation with many policy advocates. One way of influencing policy is through regulation-related litigation. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss litigation advocacy and current regulations affecting older people with guest Iris Gonzalez, Senior Attorney for AARP Foundation.
Autopsies can be performed by private companies when a cause of death is ambiguous or unknown and needs to be known by family members of the deceased. This is often important for legal cases and closure regarding a loved one’s death. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss private autopsies and when they are performed with guest Dr. Virginia Richards of Greenwich Forensic MD.
Setting out to find a nursing home is a big decision with a lot of factors. Cost and quality of care are paramount and finding the right nursing home for your loved one requires a lot of research. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how to research and find a nursing home with guest Jeff Bird, President of Parkview Aging Services.
Wandering and elopement are difficult problems that older people with dementia and Alzheimer’s disease face. Caretakers are needed who understand the life threatening nature of these diseases and how to keep those they care for safe. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss wandering and elopement prevention with guest Gene Saunders, CEO of Project Lifesaver International.