Justice for Residents Podcast

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.