Nursing Home Abuse & The Ombudsman

George F. Dickerman, Elder Law Attorney

A nursing home ombudsman is a person who is trained to respond to
complaints of elder abuse and neglect that occur in a nursing home.
Ombudsmen are either paid for their services or volunteer their
time for this important task.

The ombudsman's assistance is critical as an impartial
investigator. Their task is not to advocate for the patient;
rather, it is to investigate the complaint to determine whether
abuse or neglect has occurred and then report the incident if
warranted. However, many patients have no family members who visit with any regularity, and no other interested person to assist when abuse or neglect is committed against this "forgotten population".

Typically, the ombudsman's office will receive a complaint from a
family member who reports that their elderly loved one is being
abused or neglected as a nursing home patient. The type of abuse or
neglect may arise from a variety of ways.

Often, the complaint is that the patient is suffering from
decubitis ulcers, or bed sores, that occur when a non-ambulatory
patient is not turned in their bed at regular intervals. This
condition can develop within weeks and may result in a deep wound
that extends down to the bone.

Other complaints may involve improper feeding. Some patients have
hands and arms that are too weak or shaky to allow them to use a
fork or spoon. It's not that they aren't hungry; rather, their
physical limitations simply prevent them from performing the
otherwise simple task of eating. Neglectful nursing home personnel
bring the patient their food, but leave it entirely to the patient
to eat. When the employee comes back to retrieve the food tray,
they simply note the patient's chart as "not hungry".

When an ombudsman receives a complaint, they then make an
unannounced inspection to investigate. During the investigation,
they will speak with the nursing home personnel - including the
director of nursing and the particular employees responsible for
the daily care of the patient. The ombudsman will also review the
patient's medical records to determine whether any notations are
made that support or refute the allegations of abuse or neglect.

If the ombudsman finds fault against the nursing home, then a
report can be made to the local county or state authorities who
monitor and also respond to such cases.

In California, the law requires that all 58 counties provide these
ombudsman services. Unfortunately, the state's budget crisis has
forced this program to be severely slashed - reducing state funding
by $3.8 million (2008). As a result, ombudsman programs are laying
off full-time employees or reducing hours to part-time, and relying
more than ever on volunteers.

The Riverside County, California program recently was forced to lay
off its three full-time employees, reduce a full-time employee to
part-time, and eliminate mileage reimbursement for 20 volunteers.

The bottom line: many complaints against nursing home abuse and
neglect will not be investigated and the "forgotten population" of
elderly patients will suffer without representation. However, the
ombudsman's role continues to be a valuable tool in combating elder
abuse and neglect.

George F. Dickerman, Esq.
3879 Brockton Avenue, Riverside, CA 92501

(951) 788-2156

www.Elder-Law-Advocate.com