The Nursing Home Abuse Podcast

Unlock the secrets of healthcare assessments! Ever wondered what MDS assessments really mean for your loved one in a nursing home? Discover simple tips on how to read MDS assessments, empowering families to make informed decisions about their loved one's care. In this week's episode, nursing home abuse attorney Rob Schenk discusses practical insights to help you decode and understand the impact of MDS assessments on your family member's well-being.

We often experience a wide range of emotions when a family member moves into a nursing home. This week on the podcast, we welcome Carmen Bowmen to discuss those feelings, how to confront them, and act in the best interest in the family.

Georgia personal care homes provide personal services, like help with activities of daily living, to residents. Personal care homes are allowed to maintain “memory care units,” housing persons with cognitive impairments. However, these units must meet heightened safety requirements. Learn more about memory care units in Georgia personal care homes in this episode.

Personal care homes in Georgia are a licensed facility that are allowed to provide assistance with activities of daily living, some assistance with medications, and oversight of social services. Personal care homes are different from nursing homes because personal care homes cannot provide nursing or medical services of any kind. This week on the podcast, we talk about the rules and regulations governing care at a personal care home in Georgia.

Whether due to advanced age, medication, or chronic illness, residents of nursing homes have a greater tendency to fall than the greater population. This does not mean that falls are a foregone conclusion. In this episode, we discuss five ways to prevent nursing home falls.

All nursing home residents, or their personal representative, have the right to review the chart. The chart contains everything from vitals, physician’s orders, and care plans. But that’s not all. In this episode, we discuss what document categories are contained in a nursing home chart, what role each plays in care, and what to look out for.

Residents and resident representatives are allowed to take part in the care and treatment provided by the nursing home. Participation requires being informed. Under the law, nursing homes must provide necessary information at a resident’s request. In this episode, we discuss nursing home documents that residents have a right to see.

A typical nursing home neglect lawsuit is filed against several entities. All responsible parties are named, including management companies, license holders, involved owners, and employees. How are each of these defendants responsible for injuries? In this episode, we discuss who you can sue for nursing home neglect and why.

The comprehensive assessment is critical in the care of every nursing home resident. But how are these assessments conducted and how often? In this episode, we discuss five important things you need to know about nursing home assessments.

How many feet can a resident’s room be from the nurse’s station? Where do handrails need to be installed? Federal and Georgia law answer these questions. In this episode, we discuss Georgia nursing home building requirements, otherwise known as “physical plant standards,” and what they mean for the residents' well-being.

On this episode, we go in depth on the role of the attending physician in a Georgia nursing home.

Activities of daily living in nursing homes include grooming, bathing, toileting, transferring, and mobility. Each resident must be assessed on the level of self-care involved for each, and if necessary, how many persons are required to perform the activities. This week on the podcast, we discuss activities of daily living in nursing homes and the link to quality of care.

Federal law states that a resident who is continent of bowel or bladder receive necessary services and assistance to maintain continence, unless it is not clinically possible. But what are the necessary services? How are the services to be assessed? In this episode, we discuss how nursing homes can be liable for injuries arising from improper continence care.

Under Federal guidelines, an avoidable accident at a nursing home means that the facility failed to identify a hazard and assess the resident’s specific risk to that hazard, eliminate the hazard or implement interventions to reduce the likelihood of problems, or monitor the effectiveness of those interventions. This week on the podcast, we discuss how and when a facility is responsible for injuries resulting from avoidable accidents.

If a Georgia family is awarded a settlement as a result of a settlement payment, medicaid may be entitled to a portion of that money. But, in some cases, the amount can be reduced or even eliminated. In this week’s episode, we explore how much Medicare could be rewarded in a nursing home injury case.

If a Georgia family is awarded a settlement as a result of a settlement payment, medicaid may be entitled to a portion of that payment. But, in some cases, the amount can be reduced or even eliminated. In this week’s episode, we explore how much Medicaid could be rewarded in a nursing home injury case.

Families with a loved one in a Georgia nursing home have several types of estate planning documents to consider. Advanced directive for healthcare, power of attorney and the physician’s order on life-sustaining treatment. In this week’s podcast, attorney Scott Fields goes over each of these documents, and share his insight into why its vital for families of nursing home residents.

Nursing home owners make vital decisions that impact the lives of residents who live in nursing homes. The decisions they make trickle down to how residents are treated, the level of care residents are given and how the operation is running. In this week’s episode, Richard Mollot explains how nursing homes are a reflection of the ownership.

Nursing homes are filled with vulnerable people who need specialized care. The quality of care given to nursing home residents can be linked to the abilities of the nursing team.  In this episode, Dr. Mary Ellen Dellefield explains the years of research she has conducted to come to this conclusion, and what families can do to learn more.

The Delphi Panel of Long-Term Care Clinicians may not be a household name, but the work they do will save the lives of people who are living in nursing homes during a global pandemic. Our special guest, Dr. Michael Wasserman explains what this panel does, and how they are shaping the care given to our nation’s most vulnerable citizens.

Certified nursing assistants play an important role in the quality of life of a nursing home resident. They provide important information to nurses who then assess forms of treatment. How are CNA’s trained, and how is their job different from a regular nurse? In this week’s episode, special guest Dr. Elizabeth Halifax discusses those issues.

Antipsychotic medication is highly regulated in nursing homes. Research shows these types of drugs have various side effects, especially on people with dementia. In this episode, special guest Dr. Nancy M. Birtley, DNP describes why regulation of these drugs is so strict, and why they are commonly prescribed.

Hotels have a rating system, to give potential customers an idea about the hotel’s level of quality. Nursing homes have a similar ratings system in place, to help families in search of a residence for their aging loved ones.  In this episode, our special guest Dr. Niam Yaragi explains how this 5-Star rating system for nursing homes work.

Pressure sores. Pressure ulcers. Bedsores. They are all the same thing. But how they are treated can mean the difference between life and death. In this episode, Ingrid Sidorov, RN, answers questions about how the types of support surfaces that are available to nursing home residents who develop these specific types of ulcers.

Culture change is not something often considered when families look for a nursing home for their loved ones. But in this episode, we explore why this could make a huge difference for someone who is making the transition into a nursing home. In this episode, our special guest Carmen Bowmen helps us understand what a culture change is, and how it can benefit nursing home residents, and their families.

Almost all studies, including those cited by the Centers for Medicare and Medicaid Services, conclude that increased nurse presence in nursing homes lead to fewer negative outcomes. But why is that? This week on the podcast, we welcome Dr. Haizhen Lin to bridge the link between nursing care and quality of care in nursing homes.

Pressure ulcers are a common killer in nursing homes. Causing infection and disease, these injuries are a painful scourge that needs to be reduced and eliminated. In this week’s episode, we talk about the top ten things that you might not know about pressure ulcers.

Whether you can sue a nursing home for a UTI will depend on whether the infection was avoidable and whether the nursing home’s negligence was the direct cause. But there is much more to it than this. In this week’s episode, we explore lawsuits against nursing homes for causing UTI injuries and death.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

Pressure ulcers are one of the most common health problems in nursing homes. The Agency for Healthcare Research & Quality (AHRQ) project that over two million seniors will develop pressure ulcers annually. Not all pressure ulcers completely heal, and in fact, can lead to deadly complications. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith welcome Martha Kelso @MarthaRKelso of @woundcareplus to discuss the diagnosis and comorbidities that prevent proper healing of pressure ulcers.

We'll be returning on Monday, January 6th, 2020 with a new episode. See you next year!!

There are many tools to achieve justice for loved ones harmed in a Georgia nursing home. Attorneys and the civil justice system are just one of those tools. But what does a lawsuit actually do? On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the concepts of damages, recovery, and remedies in nursing home cases.

AAA projects 54.3 million Americans will travel by care at least 50 miles from home this Thanksgiving. A great many will visit loved ones in nursing homes for the first time in many weeks or months. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss five tips for keeping your loved on safe this Thanksgiving.

While historians have documented pressure ulcers dating back to the time of ancient Egypt, there still doesn’t seem to be one universal model for staging the injury. While pressure ulcers remain a common problem in long term care facilities across the country, we only seem to be inching closer to a more effective standard for diagnosing. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith welcome Martha Kelso @MarthaRKelso of @woundcareplus to discuss current methods of  staging a pressure ulcer and the issues that come with each.

Earlier this month, on October 1st, 2019, the “Georgia Long-Term Care Background Check Program” went into effect. The law requires nursing home employees with “direct access” to residents pass a national background check. On this week’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the statute, what it means to resident safety, and how it improves upon already existing laws.

The National Center on Advancing Person-Centered Practices and Systems (NCAPPS) is a national technical assistance center funded by the Administration for Community Living and the Centers for Medicare & Medicaid Services. HSRI is serving as the Center’s administrator, coordinating and providing assistance to help states, tribes, and territories implement person-centered practices. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome Alixe Bonardi, Bevin Croft, & Shawn Terrell to discuss NCAPPS’ mission and goals.

By definition, a fall is as any event that leads to an unplanned, unexpected contact with a supporting surface. Most studies indicate that falls are a multifactorial event resulting from multiple risk factors, including unsteady gait, cognitive impairments, medication, and others. Understanding this, Federal and state law are clear that nursing homes must take reasonable steps to prevent the risk of fall in each resident. In this week’s episode, and in honor of Fall Prevention Awareness Day, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Mindy Renfro of Touro University to discuss common interventions for the reduction of nursing home falls.

According to recent studies, an elderly person will be treated for injuries from a fall every 13 seconds. An elderly person will die from injuries sustained from a fall every 20 minutes. The statistics for seniors living in nursing homes is even higher. These numbers tell us that interventions to prevent falls are paramount in skilled nursing facilities. In this week’s episode, nursing home abuse lawyers Rob Schenk and Will Smith welcome guest Dr. Pat Quigley to discuss common interventions for the reduction of nursing home falls.

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!!!

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.

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.

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.  

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.  

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.

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.

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

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.

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.

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.

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.

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.