Justice for Residents Podcast

It seems like every day a story is reported of nursing home abuse being secretly captured on film by a hidden camera placed by the suspecting family. However, what is the legality of placing a camera in a loved one’s room and does this leave the family open to liability? In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the law surrounding surveillance in nursing homes. Also discussed, how a nursing home in Syracuse, New York was fined after two residents with a history of sexual abuse assault other residents.

There are many factors that can affect the success of a nursing home abuse case, including timing, co-morbidities, proximate cause, and location. If just one characteristic is missing, then the case may fail as a matter of law, or be impossible to prove. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the information discussed with potential clients when deciding to take on a case- or pass. Also discussed, typical fees associated with a nursing home abuse case, as well as a lawsuit for $1 million dollars alleging invasion of privacy against a nursing home.

Mediation is an alternative dispute resolution method in which a neutral party attempts to facilitate a settlement between parties. As an alternative to litigation, mediation can often be much faster, cheaper, and less risky. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the phases of mediating a case against a nursing home. Also discussed, online resources that are helpful for locating the nursing home that is right for your loved one.

There are many moving parts to a lawsuit alleging abuse filed against a nursing home. From the initial filing and service, motions practice, service, trial, and appeals, the entire process can take years. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the phases of litigating a nursing home abuse case.

Skilled nursing facilities come in many shapes and sizes. What care your loved one receives at a nursing home may be different than the care received at an assisted living facility. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the standards of care for various skilled nursing facilities, as well as palliative, hospice, and general care. Also discussed, whether family members of nursing home residents should fear repercussions for reporting abuse.

Elder abuse, whether occurring in a nursing home or other facility, or in the home of a family member, is a crime. Perpetrators of abuse are susceptible to fines and jail time under criminal codes that vary from state to state. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the various criminal codes that are applicable to abuse. Also discussed, the concept of punitive damages in nursing home cases: what they are and when they are awarded.

Abuse or neglect can result in large verdicts against nursing homes. Still, hefty verdicts are not the only way that long term care facilities can be punished. Nursing home abuse may result in fines, withdrawal of federal funding, jail time, or all of the above. In today’s episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the various administrative, civil, and criminal repercussions for wrong-doing. Also discussed, the obligation of a nursing home to use bedrails to prevent falls.

Representative Steve King of Iowa recently introduced HR Bill 1215, otherwise known as the "Protecting Access to Care Act of 2017." On the bill, caps on damages against nursing homes, federal statute of limitations on nursing home claims, and capping attorneys fees. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss the implications of this bill and what it actually means for nursing home residents. 

A nursing home abuse law firm advertised in a local Georgia paper for potential victims of abuse at a nursing home facility. When the trial court enjoined the ad, the lawyers appealed and the Georgia Supreme Court reversed, allowing the firm to continue to use facility-specific advertising. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss what this case means for attorney advertising in the nursing home market. Also discussed, whether the loved one of a nursing home abuse victim may be sued for defamation after reporting a claim. 

Elopement occurs when a resident wanders without supervision outside of the nursing home. Elopement can be extremely dangerous for residents, and according to many studies, is on the rise. In today's episode, nursing home abuse attorneys Rob Schenk and Will Smith discuss unsupervised wandering, elopement, and how nursing homes should protect residents from this danger. Also discussed, whether a nursing home is required to screen residents for sex offenses.