The Nursing Home Abuse Podcast: Recent Episodes
Rob Schenk
This show examines topics related to the law of nursing home abuse and neglect in the United States. It is hosted by lawyers Rob Schenk and Will Smith of Schenk Smith LLC, a personal injury law firm based in Atlanta, Georgia
What makes a nursing home case connect with a jury? Strong case themes turn complex medical facts into clear, compelling stories that jurors understand. The right theme can shape the entire trial. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Joe Musso to discuss how to develop powerful themes for nursing home cases.
What do RUG scores and PDPM reveal about the care a nursing home provides? These reimbursement systems can offer valuable insight into staffing, resident needs, and facility decision-making. Understanding them can strengthen a nursing home case. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Melissa Brown to explain RUG scores, PDPM, and why they matter in nursing home litigation.
Could a choking incident in a nursing home have been prevented? Many choking emergencies happen because of missed assessments, poor supervision, or failures to follow care plans. Knowing what should have been done is critical when evaluating these cases. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Elizabeth McKinney to talk about the key medical and legal considerations in nursing home choking cases.
How do you put a value on the pain caused by a pressure injury? These wounds can lead to severe suffering, infection, hospitalization, and even death. Accurately measuring damages is critical to achieving justice for victims and their families. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Matthew Heimlich to discuss how damages are evaluated and presented in pressure injury cases.
When does aspiration pneumonia become evidence of nursing home negligence? These cases often involve missed warning signs, poor supervision, or failures in care planning. Determining what happened requires a close look at the resident's care and condition. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Rachel Barrett to talk about how attorneys prove negligence in aspiration pneumonia cases.
Ever wonder what defenses nursing homes use when they are accused of neglect? Facilities often rely on predictable arguments to avoid responsibility and reduce payouts. Understanding these tactics is the first step in overcoming them. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Jeff Braintwain to discuss the most common defense strategies used in nursing home litigation.
Did your loved one sign away their right to a jury trial without knowing it? Arbitration agreements can make it harder for families to seek justice after nursing home neglect or abuse. Sometimes, winning the case starts with defeating the arbitration clause. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Blake Dickson to discuss creative and effective arguments for challenging arbitration agreements in nursing home cases.
What happens when the documents tell a different story than the witness? Rule 30(b)(6) depositions allow attorneys to question nursing home representatives about records, policies, and corporate knowledge. These depositions can uncover important evidence that might otherwise stay hidden. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Mark Kosieradski to discuss how to use document depositions effectively in nursing home cases.
How do you get an expert witness to admit the standard of care? The answer often determines whether a nursing home negligence case succeeds or fails. Asking the right questions can uncover critical opinions and strengthen your case. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Dr. Ken Stein to talk about strategies for establishing the standard of care during expert depositions.
Should you save cross examination for trial, or use it during a deposition? The right questions can expose weaknesses, lock in testimony, and change the course of a case. Knowing when and how to challenge a witness is a valuable skill for any litigator. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Roger Dodd to discuss effective cross-examination techniques during depositions.
Could a nursing home resident suffer a stroke while staff fail to recognize the warning signs? Delayed recognition and treatment can lead to permanent disability or death. Knowing when a missed stroke crosses the line into negligence is critical. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Caleb McEntire to talk about stroke symptoms, nursing home responsibilities, and when a failure to act may be negligence.
Can structured care management actually reduce falls in assisted living? Prevention programs work, but only when properly designed and followed. Data shows meaningful results when facilities commit to change. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guests Hiroko Kiyoshi-Teo and Claire McKinley Yoder to discuss fall prevention care management and real-world outcomes.
Could too many medications be causing your loved one to fall? Polypharmacy is a major risk factor in nursing homes and often goes unchecked. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Jay Durek to explain how multiple medications impact fall risk and what caregivers should be doing to prevent it.
What are the risks and responsibilities when using a PICC line in a nursing home? Improper management can lead to infection, complications, or worse. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Alice Darby to discuss how PICC lines are used in long-term care and what families should know about their safety.
In this special 300th episode, nursing home abuse attorney Rob Schenk sits down with Will Smith for a unique and thought-provoking conversation. Together, they reflect on the biggest lessons learned, the impact of storytelling, and how advocacy continues to evolve through the Nursing Home Abuse Podcast.
What happens when a nursing home resident wanders away unnoticed? Elopement can lead to serious injury or death and often points to staffing and supervision failures. These cases raise major safety and legal issues. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Kristen Lojewski to talk about elopement cases and how nursing homes can be held accountable.
Is anyone really coordinating care in nursing homes? Interdisciplinary teams are meant to improve outcomes, but they often fall short. Poor teamwork can lead to missed care and preventable injuries. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Barbara Resnick to discuss the current state of interdisciplinary care teams and where improvement is needed.
What does a normal day really look like inside a nursing home? From meals to medications to staffing gaps, daily routines reveal a lot about quality of care. Small failures can add up to serious harm. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Irene Nobles to walk through a typical day for nursing home residents and what families should watch for.
How do you know a resident with dementia is in pain if they can't speak? Too often, pain goes untreated because staff miss the signs. Proper assessment tools can change that. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Nicole Dawson to talk about pain assessment tools for nonverbal residents with dementia.
Can the wrong mattress cause a pressure injury? Support surfaces play a major role in preventing painful and dangerous wounds. When nursing homes cut corners, residents suffer. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Michelle Swanger to discuss how support surfaces should be selected and used to prevent pressure injuries.
Are falls in assisted living really unavoidable? Many falls are caused by poor assessments, unsafe environments, and missed warning signs. With the right steps, most falls can be prevented. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Cassy Plaisir to talk about effective fall prevention strategies in assisted living facilities.
Why do some wounds never seem to heal in nursing homes? Certain medical conditions can slow healing and increase the risk of infection if not properly managed. Nursing homes must account for these risks in care planning. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Dennis Collins to break down five clinical conditions that commonly interfere with wound healing.
Does being mobile in bed mean a resident doesn't need regular turning? Not exactly. Confusion around mobility and repositioning can lead to dangerous pressure injuries. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Michelle Edwards to break down the difference and explain what real preventative care looks like.
Is malnutrition quietly harming nursing home residents every day? Poor nutrition can slow healing, weaken immunity, and increase the risk of death. Many of these outcomes are preventable with proper screening and care. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Lisa Moloney to talk about evidence-based guidelines for preventing and treating malnutrition in older adults.
How do you know if a resident with dementia is in pain? For many nursing home patients, cognitive issues make it hard to speak up—and their pain often goes untreated. Missed signs can lead to unnecessary suffering. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Katherine Reab to talk about how pain should be recognized and managed in residents with cognitive impairment.
What did Winter Storm Uri reveal about nursing home preparedness? The deadly storm exposed serious gaps in emergency planning and care continuity. For many residents, it became a matter of life or death. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Brian Downer to discuss how Winter Storm Uri impacted nursing home mortality and health care use—and what lessons should be learned.
One fall can change everything for an elderly nursing home resident. Hospitalizations from falls are common—and often preventable with proper care. Prevention starts with awareness and planning. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Laura Chung to talk about fall-related injuries, hospitalizations, and what nursing homes must do to keep residents safe.
Why do some assisted living facilities keep getting cited—but never improve? In Florida, repeat violations reveal ongoing care failures that put residents at risk. These persistent problems often go unchecked for years. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Hari Sharma to explore the troubling trends in Florida ALFs and what can be done to hold them accountable.
Can a bruise turn into a life-threatening injury? Deep tissue injuries (DTIs) often go unnoticed in nursing homes until they become serious wounds. These injuries are painful, preventable, and a red flag for neglect. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Bridget Carey to discuss pressure injuries, DTIs, and what families should watch for to keep residents safe.
Are nursing home falls really just "accidents," or signs of a deeper problem? Many falls are the result of poor planning, understaffing, or missed warning signs. These systemic issues put residents at constant risk. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Brianna de Oro to talk about what causes nursing home falls and how facilities can—and should—do more to prevent them.
Are all care facilities the same? Families often confuse nursing homes with long-term acute care hospitals, but the differences in services, staffing, and oversight can be huge. Knowing the distinction can impact your loved one's recovery and rights. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Melissa Pickett to break down the key differences between these care settings and what families need to consider when making care decisions.
Is poor documentation hiding nursing home neglect? When it comes to pressure injuries, clear and accurate records can mean the difference between healing and harm. Documentation helps ensure proper treatment and can expose patterns of abuse. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Maranda Kearse to talk about how pressure injuries should be documented and why it's so important for resident safety and legal accountability.
What does hosting a podcast really teach you about the nursing home industry and about yourself? After another full year behind the mic, many moments reshaped how we think about fighting for justice. From expert interviews to difficult cases, every episode brought a new perspective. In this year-end episode, nursing home abuse attorney Rob Schenk reflects on the most important lessons he learned in 2025 while producing and hosting the Nursing Home Abuse Podcast.
Who really sets the tone for care in a nursing home? Medical directors have a major role in shaping policies that impact every resident's safety and health. Their decisions can influence staffing, treatment plans, and emergency protocols. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Ashley Moreau to talk about the influence of medical directors and how their leadership—or lack of it—affects the quality of care.
Are new changes to the ANA Code of Ethics shifting the way nurses care for residents? Updates to this critical framework affect how ethical decisions are made in long-term care settings. Understanding these changes is vital for healthcare providers and families alike. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Matthew Garvey to talk about the latest updates to the ANA Code of Ethics and what they mean for nursing home care.
What happens when a resident wanders out of an assisted living facility—and no one notices? Elopement cases often lead to tragic outcomes and raise serious questions about staff training and supervision. Families deserve to know how these incidents happen and how they can be prevented. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Kathy Sindoni to talk about the legal and safety issues behind elopement in assisted living facilities.
What happens when a nursing home resident has a history of drug or alcohol addiction? These residents face extra risks—and staff often lack the training to meet their needs. Without proper care, relapse or medical complications can occur. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Tina Baxter to talk about best practices for supporting residents with addiction histories.
Are nursing homes equipped to handle residents with cancer? These patients need special attention, but many facilities fall short in providing the right care. Missed symptoms or poor coordination can quickly lead to suffering. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Charlotte Goor to discuss the unique needs of cancer patients in long-term care settings.
Are nursing homes hiding poor care behind fake billing and bad data? Overbilling and underreporting are major problems that keep families in the dark and patients at risk. These practices can also lead to fraud investigations and lawsuits. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Alex Priest to talk about how billing and reporting issues cover up abuse and what can be done about it.
Could confusion or agitation in your loved one be more than just aging? UTIs in the elderly often show up in surprising ways and can become serious fast if missed. Nursing homes must know how to spot and treat these infections early. In this week's episode, nursing home abuse lawyer Rob Schenk welcomes guest Tiffany Puckett to talk about the signs of UTIs and how proper care can prevent complications.
How do you prove the long-term impact of nursing home abuse in court? Life care plans show the cost of future medical needs and help establish the full value of a case. They’re essential in getting justice for victims. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Bonnie McCormick to explain what life care plans are, who creates them, and how they’re used in nursing home litigation.
What happens after surgery when a nursing home resident doesn’t get proper wound care? Post-op neglect can lead to infections, delayed healing, and costly hospital readmissions. These outcomes are often preventable with basic care and monitoring. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Khaleela Umheni to talk about the post-surgical risks residents face and how better wound care can save lives.
Could low blood sugar lead to a life-threatening emergency in a nursing home? Hypoglycemia is often missed until it's too late, especially in residents with diabetes. Quick recognition and proper care protocols can make the difference between life and death. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Sharon Bautista to talk about how hypoglycemic emergencies happen, and what nursing homes should do to prevent them.
Assisted living offers a different kind of care than nursing homes, but many families aren’t sure what to expect. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Sarah O’Connor to break down what assisted living care really is, who it’s best for, and how to choose the right facility for your loved one.
Infections can turn deadly fast, yet many go undiagnosed in nursing homes until it’s too late. In this episode, nursing home abuse lawyer Rob Schenk talks with guest Theresa Laxton about why infections are often missed, the signs families should watch for, and how early detection can save lives.
Dialysis care is life-saving, but when performed in nursing homes, it can come with hidden dangers that put residents at serious risk. In this episode, nursing home abuse lawyer Rob Schenk sits down with guest Nikki Chambers to discuss the unique challenges of dialysis in long-term care facilities and how to ensure it’s done safely.
Medication errors in nursing homes can lead to devastating consequences, including hospitalization or death. In this week’s episode, nursing home abuse lawyer Rob Schenk is joined by guest Angela Gaines to uncover the most common medication mistakes, how they happen, and what can be done to prevent them.
Psychotropic medications can help manage certain conditions, but they also increase the risk of dangerous falls in older adults. In this episode, nursing home abuse lawyer Rob Schenk welcomes guest Amanda Meivogel to explore the connection between these drugs and fall injuries, and to share strategies for safer medication management.
A small fall might seem harmless, but in nursing homes, it can lead to traumatic brain injuries that change lives forever. In this week’s episode, nursing home abuse lawyer Rob Schenk talks with guest Kalliope Panagos about why minor falls can be so dangerous, how TBIs are often missed, and what families can do to protect residents.
Bed rails are meant to protect residents, but when used improperly, they can cause serious injury or death. From entrapment to falls, the dangers are real and often overlooked. In this episode, nursing home abuse lawyer Rob Schenk speaks with guest Shelly Wills about bed rail safety, regulations, and how families can ensure their loved ones are truly protected.
Skin tears and burns are among the most painful and preventable injuries in nursing homes. Poor care and lack of training often make them worse, leading to long-term damage or even death. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Suzanne Mitchell to discuss how these injuries happen, the warning signs families should look for, and the steps facilities must take to prevent them.
What really happens when a nursing home resident is rushed to the hospital? Emergency transfers can be chaotic and, if handled poorly, can lead to serious harm or even death. Families need to know what a safe and timely transfer should look like. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Jess Medina to talk about the laws, procedures, and best practices for emergency transfers from nursing homes to hospitals.
Can poor continence care lead to dangerous wounds in nursing homes? Many families don’t realize that incontinence can directly increase the risk of painful and infected pressure injuries. Proper continence management is key to preventing these serious wounds. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Jessica Tonia to talk about the link between continence and wound care, and what nursing homes should be doing to protect residents.
Are nursing homes hiding neglect in plain sight? Electronic audit trails can reveal the truth about what really happens behind closed doors, exposing missed care and falsified records. These digital footprints are powerful tools for holding facilities accountable. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Maria Hagen to talk about how audit trails work, what they can uncover, and how families can use them to prove neglect in nursing home cases.
Could your loved one’s confusion or fever in a nursing home be a sign of deadly sepsis? Sepsis and septic shock can develop quickly in nursing home residents, often going unnoticed until it’s too late. Early recognition and treatment are critical to saving lives. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Jessica Shaffer to talk about how to spot the warning signs of sepsis in nursing homes and what steps staff should take to protect residents.
Is it time to rethink how we care for seniors in nursing homes? Many facilities still use outdated models that don’t put residents first, leading to loneliness and poor quality of life. Culture change in long-term care aims to shift this by focusing on dignity, choice, and person-centered care. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Kiran Sahota to talk about what culture change means, why it matters, and how it can transform life for nursing home residents.
Are all pressure ulcers in nursing homes preventable, or are some truly unavoidable? Families often hear “it couldn’t be helped,” but understanding when a bedsore could have been prevented is key to protecting residents. These wounds can lead to serious infections and suffering if not properly managed. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Ms. Heidi Cross to talk about when pressure ulcers are truly unavoidable and what nursing homes should do to prevent them whenever possible.
Are nursing homes really equipped to handle residents on ventilators? Managing ventilator care in long-term settings comes with serious risks if not done properly, including infection, injury, or even death. Families need to know what safe and effective ventilator management looks like. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Valerie Creel to talk about the standards, challenges, and responsibilities of ventilator care in nursing homes.
Is your loved one acting confused or agitated in a nursing home? It could be a sign of a urinary tract infection (UTI)—a common but often missed condition in elderly residents. If not caught early, UTIs can lead to serious health problems. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Ms. Ethel Wills to talk about the warning signs of UTIs in nursing homes, how they’re diagnosed, and what facilities should do to prevent them.
Could a simple mistake during nursing home admission put your loved one’s life at risk? Medication errors often happen when new residents are admitted, leading to serious and sometimes fatal consequences. These mistakes are preventable with the right systems and attention to detail. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Shanna Rittberg to talk about how and why medication errors happen during admissions—and what nursing homes must do to keep residents safe.
Are nursing homes doing enough to stop the spread of deadly infections? Poor infection control can lead to serious illness, outbreaks, and even death among vulnerable residents. Knowing the right protocols—and making sure they’re followed—is key to prevention. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Bonnie McCormick to talk about how infections spread in nursing homes, what prevention looks like, and what families should expect from proper infection control.
Could sexual assault be happening behind closed doors in Georgia nursing homes? Sadly, these cases are more common than many realize, and families are often left in the dark until it’s too late. Knowing the signs and understanding your legal rights is critical. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Mr. Patrick Stonich to talk about how sexual assault happens in nursing homes, what families need to watch for, and the steps to take if abuse is suspected.
Are all long-term care facilities the same? Many families don’t realize that assisted living facilities (ALFs), nursing homes (NHs), and personal care homes (PCHs) follow different rules and offer different levels of care. These differences can have a big impact on safety, services, and legal rights. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Ms. Kayla Meek to talk about what sets ALFs apart from NHs and PCHs, and what families need to know when choosing care for a loved one.
Are pressure injuries really preventable, or just part of aging? Many nursing home residents suffer from these painful wounds, but proper assessments and early action can stop them before they start. Knowing what to look for is key to protecting vulnerable patients. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Brenda Johnson, RN to talk about the best methods for assessing and preventing pressure injuries in nursing homes.
Can one simple tool help prevent falls and injuries in nursing homes? The Bedside Mobility Assessment Tool (BMAT) is designed to quickly evaluate a resident’s mobility and guide safe care decisions. When used correctly, it can reduce risks and improve outcomes for vulnerable patients. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Teresa Boynton to talk about how the BMAT works, why it matters, and how it can be used to protect nursing home residents.
Are catheters causing more harm than help in nursing homes? Catheter-associated urinary tract infections (CAUTIs) are one of the most common—and preventable—dangers residents face. These infections can lead to serious health issues if not properly managed. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Kaci Korthuis to talk about how CAUTIs happen, what warning signs to watch for, and the best practices for prevention in long-term care settings.
Can a simple score predict a life-threatening bedsore? The Braden Scale is a powerful tool used in nursing homes to spot pressure injury risks before they become serious problems. But knowing the risk is only half the battle—taking the right steps afterward is what truly matters. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Dr. Tracey Yap to talk about how to use the Braden Scale effectively, moving from risk assessment to real interventions that protect residents.
Did your loved one unknowingly sign away their right to a trial? Arbitration agreements in nursing home contracts often block families from seeking justice in court. These hidden clauses can make it harder to hold facilities accountable for abuse or neglect. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Atty. Benjamin Reyes to talk about how to fight arbitration agreements and protect the rights of residents and their families.
Are you navigating the complexities of nursing home care planning? Understanding the details can make a world of difference in the quality of care your loved one receives. This process is crucial for ensuring that all medical, social, and personal needs are met comprehensively. In this week’s episode, nursing home abuse lawyer Rob Schenk discusses the intricacies of care planning in nursing homes with guest Ms. Amy Swinehart, diving into what families need to know to advocate effectively for their relatives.
What do you really know about "Do Not Resuscitate" orders in nursing homes? Myths abound, but the facts are critical for making informed decisions about end-of-life care. Misunderstandings can lead to significant emotional distress and legal complications. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Ms. Cindy Neese to debunk common misconceptions and shed light on the truths of DNR orders, providing clarity and guidance for families navigating these tough choices.
What makes a nursing home abuse complaint not just good, but killer? The strength of a legal complaint can set the tone for the entire case, especially in situations as serious as nursing home abuse. Crafting a compelling, thorough complaint is key to holding negligent facilities accountable. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Atty. Matthew Mooney to discuss the essential elements of a powerful legal complaint in nursing home abuse cases, providing insights on how to effectively initiate legal action that commands attention and drives results.
Why are unexplained bone fractures in nursing homes a red flag for abuse? These mysterious injuries can often be the first sign of deeper, systemic issues within a facility, yet they are frequently overlooked or misattribated to patient frailty. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Atty. Aaron D. Eiesland to discuss how to investigate and approach cases involving unexplained bone fractures in nursing homes, focusing on the legal implications and the rights of the residents and their families.
Want to strengthen your nursing home abuse case? Depositions can make or break a lawsuit. This week, nursing home abuse attorney Rob Schenk welcomes trial lawyer Dawn Smith to share her expert strategies for taking depositions in nursing home cases. Learn how to maximize case value, depose staff effectively, and uncover the truth to fight for justice. Don’t miss this essential guide for attorneys and advocates alike!
What makes a nursing home abuse case worth fighting for? The value of a lawsuit can hinge on several critical factors that are often overlooked. Understanding these factors can mean the difference between a nominal settlement and a truly fair compensation. In this week’s episode, nursing home abuse attorney Rob Schenk discusses the top five factors that impact the value of a nursing home case, from the severity of the injury to the clarity of the evidence, and how these elements influence the legal strategies used to advocate for victims and their families.
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.
Addressing these cases requires not just awareness but a proactive legal approach to protect and seek justice for victims. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Ashley Hadler to discuss the complexities of handling nursing home sexual assault cases, exploring both the legal framework and the emotional support necessary for survivors and their families.
Understanding these indicators can be life-saving, and the Minimum Data Set (MDS) provides crucial insights. These top five data points are essential for identifying and preventing potential falls among the elderly in care facilities. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Amy Swinehart, RN, to discuss the importance of these MDS metrics and how they can be used to enhance patient safety and reduce fall risks in nursing homes.
Who stands up for the rights of long-term care residents? The National Consumer Voice for Quality Long-Term Care plays a pivotal role in advocating for vulnerable seniors, but how effective is it really? This organization fights for better care, more accountability, and stronger policies to protect our elders. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Lori Smetanka to talk about the critical work of the National Consumer Voice, diving into its achievements, ongoing challenges, and what more needs to be done to ensure quality care for all long-term care residents.
Ensuring the safety of nursing home residents requires more than just attentive care; it demands specific preventative measures tailored to individual needs. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Lauren Ellerman, Esq. to discuss the legal and practical approaches to preventing choking incidents in nursing homes, emphasizing the critical roles of staff training and dietary management.
Medication errors are among the most common preventable mistakes in long-term care facilities, often leading to serious health complications or worse. Addressing this pressing issue requires a deep dive into the systems and safeguards—or lack thereof—that are supposed to protect residents. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Dr. Jeff Arnold Mackles, MD, MBA, to discuss strategies to reduce medication errors in nursing homes, highlighting the role of technology, training, and oversight in improving resident safety.
Do justice and geography intersect in nursing home abuse cases? Tackling these cases in rural jurisdictions presents unique challenges, from limited resources to community biases that may influence the outcomes. Handling these cases requires not just legal knowledge, but also a deep understanding of local dynamics. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Jeff Helms, Esq. to talk about the complexities and strategies for advocating for the elderly in less populated areas, where every case can set a powerful precedent.
Is your loved one truly safe in their nursing home, or are they being watched? This episode unpacks the heated debate around the legality of nanny cams in Georgia nursing homes, focusing on privacy concerns versus the need for surveillance to ensure safety and prevent abuse. The laws and ethical dilemmas surrounding the use of these cameras are complex and stir strong emotions on all sides. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Mike Prieto, Esq. to discuss the intricacies of Georgia law, the rights of residents and families, and how such monitoring tools can be a game-changer in elder care.
Have you ever heard of a Kennedy Terminal Ulcer? This mysterious and often misunderstood condition can be a critical indicator in nursing home abuse cases. These ulcers appear suddenly in terminally ill patients and are frequently contested in medical and legal discussions. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guests Martha Kelso and Karen Kennedy-Evans to talk about the medical and legal implications of Kennedy Terminal Ulcers, shedding light on how they can impact court cases and patient care.
What surprising truths has a year of podcasting unveiled about nursing home abuse? Reflecting on the episodes from 2024, it's clear that the fight for justice in elder care is fraught with complex challenges and pivotal lessons. From uncovering systemic issues to sharing powerful survivor stories, each episode has deepened the understanding of what it takes to protect our most vulnerable. In this week’s episode, nursing home abuse attorney Rob Schenk discusses the key insights and unforgettable moments from hosting the podcast this year, emphasizing how these revelations are shaping the battle against nursing home abuse.
Can you trust what's written in a nursing home's records? This episode peels back the layers on the legal techniques and evidentiary hurdles involved in demonstrating manipulation of nursing home documentation. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Meagan Shore, Esq. to discuss strategies for identifying discrepancies in nursing home charts and the significant role this evidence plays in court.
Who's really responsible when a nursing home fails its residents? The complex corporate structures behind many nursing homes often obscure liability, making it difficult to pinpoint who is to blame for neglect and abuse. This can leave families frustrated and victims without justice. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Scott Distasio, Esq. to discuss the challenges of proving liability in the maze of nursing home corporate structures, and they explore effective strategies to hold the right parties accountable.
What secrets do former nursing home employees reveal about the care industry? Dive into the revealing truths and legal implications of using ex-staff members as key witnesses in nursing home abuse cases. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Thomas Pleasant, Esq. to discuss how these insights can dramatically strengthen a case and bring justice to affected families.
Are assisted living facilities really safer than nursing homes? Uncover the surprising legal differences and challenges that come with cases involving assisted living facilities. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Parke Morris, Esq. to discuss the intricacies of litigating cases in assisted living settings and how they differ from typical nursing home cases.
Did you know that nursing homes might not be following the laws meant to protect your loved ones? This episode dives into the crucial regulations that govern nursing home operations and what happens when facilities fail to meet legal standards. In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Lance Lourie, Esq. to talk about using these regulations effectively at trial to hold nursing homes accountable.
Deposing CNAs can make or break a nursing home case. Knowing the right questions to ask is key to uncovering the truth and ensuring justice. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Victoria Schall to talk about how to effectively depose CNAs and what attorneys should focus on during these critical moments.
Cross-examining during depositions can make or break a case. Knowing the right questions to ask and how to ask them is crucial for any attorney. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Roger Dodd to talk about mastering cross-examination techniques in depositions and how to strengthen your case with effective questioning.
Getting a strong deposition in a nursing home case can make or break the outcome. But do you know the best strategies to use? In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Kate Hughes to talk about essential deposition tactics, how to prepare, and what to expect in these critical moments.
Ever wondered how lawyers decide which nursing home abuse cases to take? Find out the secrets behind case selection strategies. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Natalie Holm to talk about navigating the complexities of nursing home litigation.
Is your loved one safe in their nursing home? The staffing crisis might be putting residents at risk. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Lori Smetanka to talk about the latest findings from the Consumer Voice Report and what it means for resident care.
Are nursing homes hiding critical information? Uncover how to navigate discovery to get the facts you need. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Suzanne Fink to talk about strategies for effective discovery in nursing home cases.
Are nursing homes doing enough for dementia residents? Understanding dementia care is essential for improving residents' lives. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. Natali Edmonds to talk about the challenges and best practices in dementia care in nursing homes.
Are arbitration agreements in nursing homes stripping residents of their rights? This controversial issue is at the heart of many legal battles. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Sarah Martin to talk about objecting to enforcing arbitration agreements in nursing home cases.
Is acuity in nursing homes affecting care quality? Understanding its impact is crucial. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Nicole Snapp-Holloway to talk about what acuity means for nursing home care and how it influences resident health and services.
Are resident-on-resident incidents in nursing homes preventable or unavoidable? Understanding the legal complexities is crucial. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Evan Jones to talk about the challenges and legal strategies involved in nursing home cases dealing with resident-on-resident incidents.
Are nursing homes hiding critical financial data? Understanding cost reports can reveal a lot. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Ernest Tosh to talk about the most important data from nursing home cost reports and why it matters.
Is sexual assault in nursing homes being overlooked? This serious issue demands attention and action. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Casey L. Gray to talk about the critical steps in investigating sexual assault cases in nursing homes.
Are nursing home fall cases a legal minefield or a chance for justice? Understanding liability is crucial. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Phil Rizzuto to discuss effective strategies and legal considerations for attorneys handling nursing home fall cases.
Is occupational therapy the key to better nursing home care? Many residents miss out on its benefits. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. Gigi Smith to talk about how occupational therapy improves quality of life and promotes independence in nursing homes.
Are assisted living facilities really the best option for your loved ones? Many families face tough choices about long-term care. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Richard Mollot to talk about understanding the different long-term care options and making informed decisions.
Can high-tech imaging prevent bedsores? Fluorescence imaging is changing how we see and treat wounds. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Martha Kelso to talk about how this technology is revolutionizing wound care in nursing homes.
Are you missing key data on pressure injuries? Discover the top three crucial MDS data points that could change everything! In this week’s episode, nursing home abuse lawyer Rob Schenk welcomes guest Amy Swinehart to talk about these essential data points, helping families ensure their loved ones receive the best care.
Do you know the difference between a bedsore and a diabetic ulcer? Misidentifying these wounds can lead to improper care. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Martha Kelso to talk about the differences between pressure, diabetic, vascular, and Kennedy ulcers and why it matters for patient care.
Are nursing home injuries truly unavoidable? Many could have been prevented with proper care. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Michael Hill to talk about how to protect residents from preventable injuries and ensure their safety.
Are bedsores always preventable? The impact of co-morbidities might surprise you. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Andrew King to talk about the challenges of preventing pressure injuries and how unavoidability plays a role.
Ever wondered who calls the shots in nursing homes? The governing body holds immense power. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Michael Brusca to talk about the roles and responsibilities of the governing body in nursing home care.
Can a closing argument make or break a nursing home case? The final words in court are crucial for justice. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Xavier Carter to talk about effective strategies for closing arguments in nursing home cases.
Are nursing homes really safe for your loved ones? Many residents face risks that family members can help prevent. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Hannah Garrett to talk about how families can keep nursing home residents safe.
Are nursing homes failing to prevent pressure injuries? Many residents suffer from these painful wounds due to neglect. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Karen Bauer to talk about the causes, prevention, and treatment of pressure injuries in nursing homes.
Why are nursing home residents of color getting worse care? Many face unequal treatment and neglect. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. McAdams-Jones to talk about the challenges and solutions for ensuring equal care for all residents.
Crack the code to better healthcare! Ever wondered about pressure injury care? Uncover simple tips for effective wound management and empower your family to make informed healthcare decisions. In this week's episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. Tippett to talk about understanding the crucial role of staging in pressure injury care, ensuring your loved ones receive the best possible care.
Unlocking the mystery behind Georgia Coroner investigations: Is the truth about a person's death always evident? Join us as we delve into the intricate process of determining the cause of death, exploring forensic examinations, legal procedures, and the role of the Coroner in safeguarding public health. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Ms. Callihan to talk about demystifying the Coroner's role in investigating deaths, shedding light on the protocols that impact families seeking closure and accountability.
Unraveling the mystery of Aspiration Pneumonia in Nursing Homes! Curious about respiratory issues? Gain simple insights to protect your loved ones from this common health concern. In this week's episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. McAdams-Jones to talk about understanding and preventing Aspiration Pneumonia in nursing homes, ensuring your family's respiratory health is in good hands.
Breaking the silence on dementia care: Are non-pharma interventions the missing link? Join us as we unravel the silent signals of holistic care in nursing homes, unveiling transformative strategies for those battling dementia. In this week’s episode, nursing home abuse attorney Rob Schenk welcomes guest Dr. Kales to talk about pioneering non-pharma interventions, offering insights into enhancing the lives of individuals with dementia and reshaping the landscape of care in nursing homes.
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.
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.