Mediation is an alternative dispute resolution method that is often mandated by contracts signed to get into a nursing home or obligated by a judge in a nursing home lawsuit. It is an alternative to litigation, so mediation is a strategic decision. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss mediation and when it occurs, covering logistics, timeline, and the results of a successful mediation.
The Georgia Long Term Care Ombudsman’s office oversees operations of long term care facilities for Georgia nursing home residents and others needing long term care. This office is a vital resource for having quality-of-care concerns addressed by residents and families. In today's episode, nursing home abuse attorney Rob Schenk discusses how nursing home concerns can be brought to the attention of the Ombudsman’s office with guest Melanie McNeil, State Long Term Care Ombudsman.
An estimated 50 million people worldwide live with dementia. This number will almost double every 20 years, reaching 75 million in 2030 and 131.5 million in 2050. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the definition of dementia, the symptoms, and techniques for caring for loved ones with dementia, with guest Kate Swaffer, the Co-Founder and CEO of Dementia Alliance International.
Kate has been the recipient of many awards for her work in dementia and disability rights, including being named the 2017 South Australia Australian of the Year. Kate is the only Australian to be a full member of the World Dementia Council, a board member of Alzheimer’s Disease International, and she is the Chair, CEO, and co-founder of Dementia Alliance International, a global advocacy group for people living with dementia.
There are 2.5 million hospital and nursing home beds in use in the United States. In the 15 year period between 1985 and 2010, there were 803 incidents of patients or residents becoming caught, trapped, entangled, or strangled in beds with rails. Of these reports, 480 people died, 138 had a nonfatal injury, and 185 were not injured because staff intervened. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the dangers of bedrails with Robyn Grant, the Director of Public Policy and Advocacy of the National Consumer Voice for Quality Long-Term Care.
In her capacity as Director of Consumer Voice, she is responsible for the leading development and implementation of the Consumer Voice’s public policy agenda and growing support for the grassroots network of advocacy for nursing home residents. She has a Master’s in social work with a specialization in aging, and was an Indiana State Long-Term Care Ombudsman for eight years and president of the National Association of State Long-Term Care Ombudsman Programs for two years.
Bedsores are injuries to the skin and underlying tissue. While they tend to be common in nursing homes, they are almost always 100% preventable. In fact, if your loved one has developed a bedsore, there is a good chance that it arose out of neglect. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss bedsore treatment and prevention with Clay Smith, a registered nurse.
Clay Smith has over ten years of experience in the healthcare industry. He has worked as a combat medic in the United States Army National Guard, as a nurse in nursing homes across Georgia, as an EMT, and currently provides nursing care in a progressive care unit of a Georgia hospital.
Recently, a former resident of northwest Fresno, California nursing home alleged in a civil lawsuit that he had to have his right eye removed after staff at the nursing home allowed him to be attacked twice by his roommate. This is just one example of the hundreds of instances in which resident on resident violence has occurred nursing facilities across the country. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the case, including the topics of constructive knowledge and what steps nursing homes should take to reduce injury
Three staff members at a Georgia senior-care facility were indicted on charges that their actions not only caused the death of a resident in their care, but that they also tried to cover up his death. Video surveillance captured three facility staff members laughing as the resident passed away. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the case, including the topics of video surveillance, following physician’s orders, and criminal liability in nursing home abuse cases
Upon admission and at regular intervals after that, nursing home residents must be assessed for various medical needs. One of those assessments evaluates the amount of help that the resident needs for daily living, such as getting out of bed, showering or eating. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss when and how a nursing home resident gets assistance from nursing home staff.
Generally, the term ‘damages’ refers to the money compensation that is assessed by a judge or jury for an injury. Damages can include compensation for medical bills or for pain and suffering. Damages may also include the value of a resident’s remaining life. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the concept of damages in nursing home cases by highlighting some stories of abuse and neglect from around the country.
Residents of nursing homes and their loved ones have the right to be updated on the status of medical care, basic facility operations, and other information. Don’t be scared to ask questions of nursing home staff. The more you know, the better watchdog you can be. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss questions to ask nursing home staff with guest Clay Smith, a registered nurse.
Clay Smith has over ten years of experience in the healthcare industry. He has worked as a combat medic in the United States Army National Guard, as a nurse in nursing homes across Georgia, as an EMT, and currently provides nursing care in a progressive care unit of a Georgia hospital.
On today’s episode, we welcome back Richard Mollot, the executive director of the Long Term Care Community Coalition (LTCCC). LTCCC is nonprofit organization dedicated to improving care for seniors and the disabled through legal and policy research, advocacy and education. Nursing home abuse attorneys Rob Schenk and Will Smith continue their discussion on the status of care in the nursing home industry, CMS regulations and guidelines, and more. For more information about the LTCCC, check out www.NursingHome411.org.
On today’s episode, we welcome Richard Mollot, the executive director of the Long Term Care Community Coalition (LTCCC). LTCCC is nonprofit organization dedicated to improving care for seniors and the disabled through legal and policy research, advocacy and education. Nursing home abuse attorneys Rob Schenk and Will Smith discuss with Richard the status of care in the nursing home industry, CMS regulations and guidelines, and more. For more information about the LTCCC, check out www.NursingHome411.org.
Georgia House Bill 803 aims to make it a crime in Georgia to traffick disabled adults, elder persons, or residents. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the purpose of this proposed law and why it is necessary. Also discussed, an interesting result in a medical malpractice case in Michigan.
Under O.C.G.A. 9-3-33, the Statute of Limitations for personal injuries in Georgia is two years from the time in which the “right accrues.” This includes most claims surrounding nursing home abuse and neglect. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss how this limitations period may be shortened or extended, and the policy rationale behind the law.
Long-term care ombudsmen are advocates for residents of nursing homes, board and care homes and assisted living facilities. Ombudsmen provide information about how to find a facility and how to do to get quality care. Most importantly, ombudsmen can assist you with complaints against nursing homes. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk welcome special guest William Whited to the podcast to discuss who the ombudsman are, for whom they advocate, and when they should be sought out.
William Whited serves as the State Long-Term Care Ombudsman for the State of Oklahoma. He is responsible for the daily operations of the Oklahoma Long-Term Care Ombudsman Program and systems and legislative advocacy for long-term care residents.
Every state in the country has a working Long-Term Care Ombudsman program. Their duties include assistance to residents of nursing homes, assisted living facilities, and other locations to protect long term care residents' rights. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk welcome special guest William Whited to the podcast to discuss who the ombudsman are, for whom they advocate, and when they should be sought out.
William Whited serves as the State Long-Term Care Ombudsman for the State of Oklahoma. He is responsible for the daily operations of the Oklahoma Long-Term Care Ombudsman Program and systems and legislative advocacy for long-term care residents.
It is often said that if regulatory agencies were properly funded and allowed to do their jobs, nursing home abuse attorneys would go out of business. In today’s episode, attorneys Will Smith and Rob Schenk discuss the civil justice system, suing nursing homes, and investigating abuse with special guest Mark Kosieradzki, a nursing home abuse lawyer based in Minnesota.
Mark Kosieradzki is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in “Best Lawyers in America” in addition to recently receiving his 21st Super Lawyer award. His injury practice focuses primarily on nursing home abuse and neglect.
Hundreds of lawsuits are filed against nursing homes across the country by family members of injured residents. It is only during this litigation process that answers are uncovered and truth is obtained. In today’s episode, attorneys Will Smith and Rob Schenk discuss the civil justice system, suing nursing homes, and investigating abuse with special guest Mark Kosieradzki, a nursing home abuse lawyer based in Minnesota.
Mark Kosieradzki is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy and the Minnesota State Bar Association. He is recognized in “Best Lawyers in America” in addition to recently receiving his 21st Super Lawyer award. His injury practice focuses primarily on nursing home abuse and neglect.
Nearly 4,000 nursing home residents are treated for injuries from bed rails each year. These injuries include suffocation and broken bones. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss a specific lawsuit filed after a nursing home resident died from the use of bedrails.
Between 2010 and 2015, 226 nursing homes were cited for instances of failing to protect residents from sexual abuse. These occurrences resulted in over $9 million in fines and in 16 instances, the forced shut down of the facility. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss the signs of sexual abuse in nursing homes. Also discussed, one nursing home’s lack of an escape plan during a wildfire.
According to recent studies, one in five nursing home residents suffer from medical errors, with 37% of those being medication errors. Medication errors include administering the wrong drug or in inadequate amounts, or failing to provide them at the appropriate intervals . In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss how medications are passed out in nursing homes and how this process can lead to problems.
In a recent investigation, Department of Health and Human Services concluded that nursing homes billed about a quarter of claims incorrectly, usually through a process called upcoding, resulting in overpayments representing tens of millions of dollars annually. In today’s episode, nursing home abuse attorneys Will Smith and Rob Schenk discuss how nursing homes overbill, how they employees can report it, and the consequences of whistleblowing.
On October 4, 2016, CMS issued regulations protecting residents of nursing homes participating in the Medicare and/or Medicaid programs. The regulations were to be rolled out in three phases from 2017 to 2019. On November 28, 2017, an 18-month moratorium on full enforcement of certain Phase 2 requirements began. The moratorium means that nursing homes will not be financially penalized for violating the standards of care to which requirements the moratorium applies. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Phase 2 protections and why their enforcement is being delayed.
Georgia law protects elderly persons from physical and financial exploitation or abuse. Prosecution of criminal elder exploitation and abuse are handled by the District Attorney’s Offices across the state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss prosecuting elder abusers under Georgia law with attorney and former prosecutor Richard Armond.
Attorney Richard C. Armond practices in the areas of personal injury, wrongful death, and criminal defense. Prior to forming the Armond Law Firm, he spent nine and a half years as a prosecutor in Gwinnett County, Georgia. At the Solicitor-General’s office and then later at the District Attorney’s office, Richard handled a high-volume caseload and gained significant jury trial experience while prosecuting some of the most serious cases in Gwinnett State Court.
His office, The Armond Firm, LLC, is located at 260 Constitution Boulevard, Lawrenceville, Georgia 30046, one mile from the Gwinnett Justice and Administration Center. He can be reached directly at (678) 661-9585 or at armondlaw.com .
Georgia law protects elderly persons from physical and financial exploitation or abuse. Prosecution of criminal elder exploitation and abuse are handled by the District Attorney’s Offices across the state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss prosecuting elder abusers under Georgia law with attorney and former prosecutor Richard Armond.
Attorney Richard C. Armond practices in the areas of personal injury, wrongful death, and criminal defense. Prior to forming the Armond Law Firm, he spent nine and a half years as a prosecutor in Gwinnett County, Georgia. At the Solicitor-General’s office and then later at the District Attorney’s office, Richard handled a high-volume caseload and gained significant jury trial experience while prosecuting some of the most serious cases in Gwinnett State Court.
His office, The Armond Firm, LLC, is located at 260 Constitution Boulevard, Lawrenceville, Georgia 30046, one mile from the Gwinnett Justice and Administration Center. He can be reached directly at (678) 661-9585 or at armondlaw.com .