The Nursing Home Abuse Podcast

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.