Understanding the Role of the Ombudsman in Nursing Home Complaints
Understanding the Role of the Ombudsman in Nursing Home Complaints
When families entrust the care of their loved ones to a nursing home, they expect the facility to provide a safe and supportive environment. However, nursing home neglect and abuse remain significant concerns for many families. Whether it’s inadequate care, unsafe living conditions, or outright mistreatment, knowing how to address these issues is crucial. One of the most powerful resources for families facing such challenges is the long-term care ombudsman.
This article will explore what an ombudsman is, how they can help residents and families navigate nursing home complaints, and what steps to take when you need to involve an ombudsman in a potential case of nursing home neglect or elder abuse.
What Is a Long-Term Care Ombudsman?
A long-term care ombudsman is a specially trained advocate who works to protect the rights of nursing home residents and residents of other long-term care facilities. The ombudsman serves as a neutral third party that helps residents and their families resolve complaints related to care, quality of life, and safety. The role of the ombudsman is established under the federal Older Americans Act, which requires each state to have an ombudsman program to address complaints in nursing homes, assisted living facilities, and adult care homes.
Ombudsman have many different roles they play for patients. These roles include:
| Role | Description of Role |
| Advocate | Acts on behalf of patients, patient families or the patient’s legal representative. |
| Facilitator | Helps patients prepare and file complaints. |
| Investigator | Gathers relevant information from many sources and evaluates the evidence. |
| Educator | Provides educational materials to facility staff, families, patients, and the public, thus encouraging self-advocacy and problem-solving. |
| Collaborator & Problem-Solver | Works with patients and staff toward mutually beneficial resolutions. |
| Mediator, Intermediary, Negotiator | Promotes and mediates communication among the parties involved in the complaint/case; acts as a mediator and negotiator to help the parties reach resolution. |
| Broker | Refers patients (or their representatives) to other individuals or agencies that provide solutions and tracks progress to ensure that the problem is solved. |
The ombudsman is a critical resource for individuals who feel their rights have been violated, are facing neglect or abuse, or need help navigating nursing home complaints. One major goal of the ombudsman is to reduce the patient’s feeling of isolation and to help build self-determination within them. The services provided by the ombudsman are free, confidential, and available to all residents and families.
Common Issues Addressed by the Ombudsman
The long-term care ombudsman helps with a wide range of complaints and concerns related to nursing home care. Some of the most common issues include:
1. Nursing Home Neglect
Nursing home neglect is one of the most serious concerns families may face. This includes the failure of nursing home staff to provide adequate care, resulting in issues like bedsores, malnutrition, dehydration, and improper hygiene. If these issues aren’t frequently checked on by nursing home staff, they can lead to even more serious issues. An ombudsman can help investigate claims of neglect and work with the facility to ensure that the resident’s needs are met.
2. Nursing Home Abuse
Abuse in nursing homes can take many forms, including physical abuse, emotional abuse, sexual abuse, and financial exploitation. The ombudsman can intervene by addressing these complaints and working to safeguard the resident from further harm. In cases of severe abuse, the ombudsman can assist in involving local authorities or legal counsel.
3. Improper Discharge or Transfer
Residents of nursing homes have the right to remain in the facility unless there is a legitimate reason for discharge or transfer, such as a significant change in their medical condition. If a nursing home attempts to discharge or transfer a resident without proper cause, an ombudsman can help challenge the decision and advocate for the resident’s right to stay.
4. Violation of Residents Rights
Nursing home residents are entitled to specific legal rights, including the right to privacy, dignity, and autonomy. If these rights are violated—for example, if a resident is restricted from seeing visitors or is not informed about their medical care—the ombudsman can step in to resolve the situation and ensure the resident’s rights are upheld. These rights and the role the ombudsman plays in protecting them will be touched on later in the article.
5. Substandard Living Conditions
Poor living conditions in a nursing home, such as unsanitary rooms, inadequate staffing, or safety hazards, can significantly impact a resident’s quality of life. These poor living conditions can cause serious injuries if not taken care of. The ombudsman can investigate these issues, push for improvements, and ensure that the facility meets state and federal regulations for care.
How to File a Complaint Through the Ombudsman Program
If you suspect your loved one is experiencing neglect or abuse in a nursing home, the long-term care ombudsman can help you file a formal complaint. Here’s how to get started:
1. Gather Evidence
Before contacting the ombudsman, it’s helpful to gather evidence to support your claim. Document your loved one’s condition, take photos if necessary, and keep a record of conversations you’ve had with nursing home staff. Detailed evidence will help the ombudsman understand the situation and provide effective assistance.
2. Contact the Ombudsman Program
Every state has an ombudsman program, and it’s easy to get in touch with an ombudsman in your area. You can find contact information for your state’s long-term care ombudsman office through the National Long-Term Care Ombudsman Resource Center website. Once you’ve made contact, explain your concerns and provide any documentation or evidence you have gathered.
3. File a Complaint
The ombudsman will work with you to file a formal complaint against the nursing home. The complaint process is confidential, and the ombudsman will keep your loved one’s information private throughout the investigation. After reviewing the complaint, the ombudsman may visit the nursing home to investigate the situation further and speak with residents, staff, and administrators.
4. Advocate for Change
Once the ombudsman has investigated the complaint, they will work to resolve the issue by advocating for changes within the nursing home. This may include improving the resident’s care, ensuring proper staffing levels, or addressing any safety hazards. In some cases, the ombudsman may help residents relocate to another facility if their current situation is unsafe.
The Role of the Ombudsman in Protecting Residents Rights
The ombudsman is a key player in protecting the legal rights of nursing home residents. Nursing home residents are entitled to specific resident rights, which are enshrined in federal law under the Nursing Home Reform Act. These rights include:
- The right to be treated with dignity and respect
- The right to participate in decisions about their care
- The right to privacy and confidentiality
- The right to freedom from abuse, neglect, and restraints
- The right to voice grievances without fear of retaliation
The ombudsman ensures that these rights are upheld, providing a voice for residents who may not be able to advocate for themselves. If these rights are violated, the ombudsman can work with the nursing home to resolve the issue or take further action if necessary.
Conclusion
The long-term care ombudsman is a vital resource for families navigating nursing home complaints. Whether you’re dealing with nursing home neglect, abuse, or violations of your loved one’s rights, the ombudsman can provide expert guidance, advocate for change, and help ensure that residents receive the care they deserve. If you suspect your loved one is being mistreated in a nursing home, don’t hesitate to contact your local ombudsman program and file a complaint to protect their well-being and quality of life.
The Powless Law Firm is an Indiana law firm that represents victims and families state-wide in serious cases involving nursing home neglect, medical negligence, personal injury and wrongful death. If you have concerns about nursing home neglect or abuse, please contact us at 877-469-1292. Together we can make a difference.