Justice for Residents Podcast

Families of those with loved ones who have died in a nursing home not only should seek legal help pursuing wrongful death claims, but also should seek legal help regarding the probate process. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss Georgia probate issues with estate attorney Scott Fields.

Scott Fields is a probate and real estate attorney in Tucker, Georgia. He is married and has four teenage sons. Scott grew up in Chamblee and Norcross, and has lived in Tucker for almost 20 years.

Scott graduated from Georgia State University College of Law in 2011. For over five years, Scott was a real estate, small business, and probate litigator. Since forming his own firm this past February, Scott has focused on estate planning and administration. He enjoys using his litigation experience to help guide people through the probate process and to help resolve issues with estate and inherited property.

Nursing home cases contain a lot of moving parts. From acquiring medical records, government reports, witness statements, and expert opinions, compiling the necessary information to present a claim against a nursing home can be time consuming. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the timeframe for a typical nursing home abuse case. are some recent lawsuits filed across the country.

Nursing home neglect and abuse cases are unlike other personal injury claims. Often, there are complicated medical questions regarding causation, as well as intricate disputes regarding the standard of care. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith break down a typical nursing home case, and what problems may arise. Also discussed are nursing home neglect cases across the country.

Nursing home neglect and abuse often results in an actionable claim on behalf of the resident against the nursing home and any other responsible parties. However, not every claim becomes a lawsuit that is filed in a court of law. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss when an injured nursing home resident would file a lawsuit, and when then settlement can be reached. Also discussed are some recent lawsuits filed across the country.

The Georgia Office of the State Long-Term Care Ombudsman seeks to improve the quality of life for residents of long-term care facilities (nursing homes, intermediate care facilities for the mentally retarded, personal care homes, and community living arrangements). The Georgia office certifies and trains community ombudsmen who work to resolve concerns of long-term care facility residents statewide. In todays episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the Ombudsman’s role in the life of a nursing home resident. Also discussed, Trump’s 1 in 2 out rule and the effect on nursing homes.

The United States Supreme Court recently held that a Kentucky court violated the Federal Arbitration Act when determining that a general power of attorney does not include waiver of a jury trial unless explicitly stated in the document. In delivering the majority opinion, Justice Elena Kagan stated that the lower court failed to put arbitration agreements on an equal plane with other contracts. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the implication of this case and how it affects the rights of nursing home residents moving forward. Also discussed is the CMS rule on forced arbitration.

Over two million infections are spread among the 16,000 nursing home residents of the United States each year. Infections, including UTIs, pneumonia, and C. diff, are associated with high rates of hospitalization and death. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the common types of infections experienced by nursing home residents.