Rob Schenk: Should You Sign Nursing Home Arbitration Agreements

About Rob Schenk: Rob Schenk is a lawyer with the law firm Schenk Smith Trial Attorneys based in Atlanta, Georgia. The Schenk Smith Law firm focuses exclusively on representing families with loved ones that have been seriously injured or killed in nursing homes.  In this episode, Steve and Rob Schenk discuss:  1. Why do nursing homes so greatly want residents to sign binding arbitration? Arbitration is an alternative to litigating a case in a court of law. By signing a binding arbitration you are forfeiting your right to litigate your case in a court of law. The nursing home benefits from this because it keeps the case out of the private eye. Everyone in the case will be held to a confidentiality agreement. Studies have also proven that companies which require arbitration will ultimately benefit from arbitration because they are the company that hires the arbitrators. 2. Alright, so what you’re saying is that it’s kind of like the employers, the nursing homes, they have relationships with the arbitration panels or, there’s a friendly kind of, you watch our back, we’ll watch your back kind of thing? I won’t say that’s explicitly what’s happening because that would be unethical, but[…..]

Paul Greenwood: 25 Years Protecting San Diego Against Elder Abuse

In this episode, Steve and Paul discuss: 1. How did you go from an attorney in England to a district attorney in San Diego? I came to the US in 1970 after seeing Easy Rider, traveled the country, met a girl and fell in love. 2. How did you come to specialize in elder abuse prosecution? One day the San Diego D.A. says “Adult Protective Services tells me we have an elder abuse problem” and I didn’t even know what that was at the time, so he made me the head of Elder Abuse Prosecution and I learned from there. 3. Why was it that nobody knew about this problem? It’s the same parallel that we had with domestic violence about 40 years ago, nobody wanted to talk about it because it was a private family affair, yet look at how far we’ve come. Now, recognizing domestic violence. 4. What are the various forms of elder abuse? There is no uniform definition of elder abuse because in fact, some states don’t even recognize as a category. When I use the term elder abuse. I’m actually also encompassing what I would also call dependent adults, people with disabilities, people with physical[…..]

Brian Therrien: How and When to Apply for Disability

1. Your website It has nearly 200,000 people who have maximized their disability benefits or income opportunities. Can you tell my listeners what exactly is the disability digest? The disability digest is a free resource where you sign up, fill out a profile that helps us understand if you’re going through the approval process or if you’ve been through it, then we help you either get your disability benefits or maximize your disability benefits and some of the common things that we help with our disability approval assistance.  2. How are you able to do that for free? We have over 50 contributors to the Disability Digest that have donated their time  and have provided a lot of the content. 3. If you’re a senior, and you’ve got heart disease, diabetes, cancer or mental health disorders, but you are disabled, how do you actually become eligible to receive Social Security Disability? If somebody cannot work because of a condition or conditions, and as a general rule, they’ve worked 50% or more of the last 10 years and pay their taxes, then the Social Security system operates like an insurance policy, and if you prove that you’re not able to[…..]

Injuries and Conditions Developed over the Years at a Job

In this episode, Steve discusses: Occupational diseases can be any chronic ailment that occurs as a result of working conditions or occupational activity, even long term These do not occur overnight, they can take years to develop over a sustained period of time An employer can be responsible for medical treatment, lost wages, permanent disability compensation, prescriptions, and even vocational rehabilitation to get you retrained and back in the workforce if working conditions caused your injury Key Takeaways: There are currently hundreds of thousands of seniors who are suffering from occupational diseases and may not be aware of it 30% of COPD (Chronic Obstructive Pulmonary Disease) and adult asthma cases may be attributed to occupational exposure. 8 out  of 10 long-term manufacturing workers have noise-related hearing loss Employers can be held responsible for “Occupational diseases could [be caused by] coal dust from the mines, grain dust from farming, cotton dust. The nurse or nursing assistant who is allergic to latex, the bartender or waitress who inhale secondhand smoke, the housekeeper or janitor who was exposed to the noxious chemicals from cleaning supplies. The factory worker who inhales metals and foundries, silica or fine sand.” — Steve Heisler To find out[…..]

Martha Kelso, Wound Care + CEO Discusses Bedsores and Pressure Ulcers

In this episode, Steve and Martha discuss: All bedsores are pressure ulcers, but not all pressure ulcers are bedsores Changes in long term care settings, including eliminating the use of restraints Many facilities don’t check to see if existing medications could be eliminated or replaced Many nurses and even doctors aren’t trained on wound care Key Takeaways: Bedsores are typically caused by laying in the same position for too long Wounds are often a barometer of health, a person with other health issues is more likely to get bedsores A wound may not appear for 3-10 days depending on the patient history and the time of the year Don’t feel guilty for asking questions about a wound found on your loved one “[A bedsore] can be so significant that they can result in deterioration of the skin and the tissue all the way down to bone. And then of course, they can become infected, that infection can lead to sepsis. sepsis can lead to complete organ failure and eventually death.” —  Martha Kelso To find out more about the National Injured Senior Law Center or to set up a free consultation go to or call 855-622-6530 Connect with Martha[…..]

Welcome to the Injured Senior Podcast

We are all living longer, which means we may need to rely on others to help us or our parents. Thus, like it or not, the Senior and Elderly population is vulnerable to negligence committed by medical professionals, Nursing Home and assisted living facilities, pharmaceutical and medical device companies, insurance companies and everyday individuals and businesses. Do you know who to trust? The Injured Senior Podcast will educate and inform you about legal issues of importance to the injured Senior and Elderly population such as medical malpractice, Nursing home and assisted living abuse and neglect, defective drugs and medical devices, age discrimination, on the job injuries, and personal injuries such as motor vehicle injuries and slip and fall. Your Host Steve H. Heisler is a lawyer and creator of the National Injured Senior Law Center and has been advocating for seniors’ rights for over 30 years. He is also a senior. The show will include many interviews with experts in the aforementioned areas of law as well as advice from Steve’s personal experiences and past cases. Tune in each week to learn what you may not have even known to ask before. Welcome to The Injured Senior Podcast. To find[…..]