When elderly individuals have increased personal care needs, they must decide what living environment is best for their health. Many seniors end up moving into assisted living or long-term care facilities such as nursing homes.
A nursing home is a healthcare facility that provides 24/7 access to medical services for elderly residents. Often, elderly individuals and their families are hesitant to move into these facilities because of rampant abuse and neglect.
Many strategies are being employed to combat the epidemic of nursing home abuse in this country. One of these methods is implementing the Long-Term Care Ombudsman Program, a federal program aimed at improving advocacy for nursing home residents facing challenges.
Let’s discuss how these nursing home ombudsman programs support residents and improve resident health, including mental health.
Nursing home residents need advocates, especially since family members can’t be there 24/7 to protect their rights or answer their questions about care services.
An ombudsman is a government official who is either a volunteer or paid staff member who acts as an outside consultant for residents. Retired professionals often work as advocates. An ombudsman is not a facility staff member because they do not represent the interests of the facility.
Ombudsman services usually include community involvement from a local ombudsman. Representatives of ombudsman organizations will serve as resident advocates in multiple long-term care facilities, including nursing homes, assisted living facilities, and board and care homes.
One of the primary objectives of a long-term care ombudsman is to protect the rights of individual residents. That involves explaining their rights to them, including any federal law that mandates specific rights, such as religious freedom, answering questions, and serving as consultants when issues arise.
A local or state ombudsman will also commit to treating residents and their families with dignity and respect while protecting their rights.
A representative focused on protecting your loved one’s rights can provide peace of mind during a difficult transition period.
The Long-TermCare Ombudsman Program also responds to resident or family member complaints. It investigates the nursing home complaint, gathers evidence, and helps resolve disputes between residents and their families.
Often, those who have experienced elder abuse or neglect in a nursing home are afraid to come forward with their complaints. They may get a slow response from the facility or government agencies.
An advocate from an ombudsman program can facilitate this process and ensure the resident’s needs are prioritized after the complaint is filed. If you need to report a complaint about your nursing home experience, that complaint will be added to the National Ombudsman Reporting System once you communicate with your local representative.
People move to long-term care facilities to receive consistent medical care. Residents may need an advocate to negotiate with the nursing home or provide community education for better care.
Another duty that an ombudsman can perform is facilitating discussions between the residents and the facility staff to determine the best care plan to meet their needs. Suppose there are resident complaints. In that case, the resident or family can speak with the local office to address complaints, and they will work with the facility to resolve them.
The Long-Term Care Ombudsman Program has served millions of elderly nursing home residents nationwide. Since 1978, the federal Older Americans Act has expanded these programs and made them requirements in every state. They provide numerous human services for residents in long-term care facilities.
Complaints about nursing home services are common. Many elderly individuals suffer from physical abuse, financial exploitation, nursing staff neglect, or even sexual abuse when living in these nursing facilities. Additionally, they may face inadequate care that fails to meet all their needs.
Ombudsman nursing home programs allow older adults and family members to file complaints about their treatment. The representative will then investigate complaints to find evidence of wrongdoing.
This investigation could include interviewing residents, staff, and family members. They may also review records and documentation of the issues, so keeping all documentation related to your complaint is important.
The ombudsman program is also a source of information for residents. Suppose older adults want to know more about their rights in a nursing home, including rights regarding their personal property, other long-term care options, or available resources.
In that case, they can contact their local long-term care ombudsman to learn more. These individuals are dedicated to serving the needs of residents, so they will work hard to provide the information you may need as a current or potential nursing home resident.
Disputes often arise between residents and staff in nursing homes. These disputes could be related to care disagreements, abuse complaints, inadequate personal hygiene, nursing staff negligence, billing issues, or other frequent complaints. Residents may feel unequipped to advocate for their needs and negotiate for better treatment during these disputes.
A long-term care ombudsman can serve as a mediator during these disputes and bring about resolutions. In extreme cases, the representative may even recommend pursuing legal action if the offense is grave enough, such as improper use of chemical or physical restraints.
One of the main issues that can lead to nursing home abuse is a lack of education for residents and their families. Often, those who pay for the services provided by nursing homes are unaware of what practices are allowed in these facilities.
For example, using physical restraints is prohibited in most scenarios unless there is permission from the resident or their representative. However, most families may not realize this and could ignore the signs of nursing home abuse.
A nursing home ombudsman could have educated that family about the resident’s rights, leading to them filing a complaint against the nursing home to correct the injustice. These representatives will teach clients about the laws and regulations governing nursing homes in the United States.
Sometimes, systemic change is needed to make nursing homes safer environments. Perhaps there are insufficient protocols for how staff should prevent nursing home abuse. Maybe the premises are not cleaned regularly so there are no tripping hazards. In either case, the root cause may be systemic and can only be resolved by an ombudsman.
A resident representative can identify patterns of problems and advocate for changes to the facility’s policies. If better practices are needed to improve the quality of care, the Long-Term Care Ombudsman Program can advocate for it through local volunteers or staff.
Privacy is essential for elderly individuals in nursing homes. Their medical needs, care plans, financial information, and other details must be kept confidential whether they apply to live in a nursing home or file a complaint against the staff.
Representatives in the Long-Term Care Ombudsman Program are required to keep client information confidential. This means residents can speak freely about issues they are experiencing without fear of retaliation.
Additionally, these representatives have the right to enter nursing homes, move about freely, and speak to residents privately. This ensures they can access their clients, address complaints, and observe patterns of poor treatment in the facility as outside observers.
Community living is great for nursing home residents if the environment is safe. Nursing home ombudsman programs help keep these environments safe through advocacy, mediation, and education. If you or a loved one are living in a nursing home, here are a few scenarios when you may want to contact a local ombudsman.
If you have a resident concern regarding abuse, neglect, or exploitation, you should immediately contact your state ombudsman for a free case review. This person will ask questions to clarify your concerns and discuss your next steps. Additionally, they will investigate your case to look for evidence and patterns of poor behavior.
Abusive behavior has a devastating effect on quality care in a nursing home. Sometimes, the only way to correct the action is to report the incident to your ombudsman and have them investigate.
The representative will let you know how to proceed if legal action is required. They will also advocate for systemic change in nursing home protocols to prevent future issues in long-term care facilities.
If you believe you or your loved one has had their rights violated, this should also be reported to the ombudsman. For example, perhaps you were improperly discharged or denied visitation. Maybe the nursing staff are not providing adequate residential care that aligns with your treatment plan.
Nursing homes must uphold your rights as a resident. If they fail to do so, an ombudsman may be your best chance to resolve problems. That may involve mediating the dispute, filing complaints against the nursing home, or even alerting local authorities.
An ombudsman can expedite the process if you have made a complaint to facility administrators that has not been addressed or resolved. They will speak to a nursing home administrator to determine the status of your complaint. They can hold the facility accountable for failing to resolve problems.
It is always best to file complaints directly with the staff regarding minor issues. In many cases, they will work to resolve the issue to avoid running into legal problems.
Therefore, a nursing home ombudsman can deter poor quality treatment simply by presenting a threat of serious consequences for the facility. The staff will be incentivized to meet every resident’s needs to avoid the involvement of this specially trained representative.
If your rights have been violated in a nursing home or you have experienced abuse and neglect, you may have the right to pursue legal action against the facility.
Whether a staff member meddled in your financial affairs or administered the wrong medication during treatment, negligence must be punished to protect your health. In these cases, you may hire a lawyer to help you file a lawsuit.
Often, ombudsmen and lawyers perform complementary roles to protect residents’ rights. The ombudsman may investigate the initial complaint, and if they find patterns of negligence, they can recommend hiring a lawyer. The ombudsman’s investigation could also uncover evidence to help your lawyer build a stronger case.
Legal action may be necessary if the Long-Term Care Ombudsman Program is not enough to rectify the issue. This is typically the case in extreme circumstances, such as abuse, neglect, or wrongful death.
For example, if a patient develops pressure sores that become infected because they are not moved enough by staff, they could sue the nursing home for legal damages suffered.
A lawyer plays a critical role in a nursing home abuse lawsuit. They will investigate the case even more thoroughly than the ombudsman. Their goal is to gather evidence that implicates the at-fault party and proves your damages. The attorney will also protect your rights, negotiate with insurance companies for financial compensation, and represent you in a trial if necessary.
While the Long-Term Care Ombudsman Program can answer many of your questions about nursing home services, legal action may be necessary if the offenses cause harm.
The Nursing Home Law Center team is dedicated to supporting victims of nursing home abuse and neglect. We will assess your damages, investigate the case, pursue maximum compensation, and ensure justice is served.
We offer a free case evaluation so you can ask questions about your lawsuit and the legal process. Call us today at 800-926-7565 or complete the online form to request your free consultation with an experienced nursing home injury attorney.