State Ombudsman Programs Help Reduce Elder Abuse

Written by Adam Peck Category: Elder Law January 26th, 2013 3 min read

For many nursing home residents, someone to talk to is all they need. An ombudsman, a member of a group of volunteer patient advocates who work with nursing home residents, is just that someone.

A managing local ombudsman for the Area Agency on Aging, said the volunteer ombudsmen work with 36 nursing facilities. Each volunteer is paired with a facility, and visits that facility approximately once a month.

“At the heart of the program, is patient advocacy. “They go and visit with residents, and speak on their behalf with the staff there,” says California elder law attorney Steven Peck”It’s about getting problems resolved before the state gets involved.”

For example, Peck says, “if a resident is complaining about not getting enough water, the ombudsman would discuss this with the staff, and correct any substantiated issue. Any issues that cannot be resolved at the local level goes to the state level.

For the residents of the nursing facilities, Peck says, that facility is home. “It’s all they’ve got,” she said. The job of an ombudsman, then, is to make sure the quality of care received is up to standard.

In addition to helping the patients, the ombudsmen ensure that nursing home issues can be taking care of before the problems ascend to the state level.

Many if not most of the issues they see in nursing homes revolve around the staff. For some homes, the ebb and flow of staff members harms the overall care level. “I don’t know if some are ready for the responsibility,”Peck Says. “It’s not easy.” Pay is also a concern, she said, as is training. Often, “homes are short-staffed.”

Lack of awareness. “People aren’t aware of the circumstances in nursing facilities,” Peck says. “People that don’t visit and have someone in the nursing home just don’t understand.” After putting a family member in a home, the level of awareness changes. “After you’ve had someone in there, you’ve had one you had to take care of … you’re so tired,” “It’s very depressing.” “The elderly, are often neglected and helpless”

If it wasn’t for ombudsman programs, nothing would be done in most instances. “The main thing is they just have someone who is on their side, someone who will listen to them and understand where they’re coming from.”

After that process, the complaint is either substantiated or not. If the former, a plan must be set up to decide how to address the issue; if the issue is marked as a deficiency, a plan of correction and prevention must be devised. “They accept or reject it,” he said. If the plan is accepted, the deficiency is cleared.

Though ombudsmen focus on patient advocacy, they also work closely with the nursing home staff. “They try to get good communication,””They’re good to call if they have a situation where we’re not able to resolve the problem.”

The ombudsmen can sit in on care meetings between patients and administrators, he said, and serve as another set of eyes for other issues. “Ninety-nine percent of the time abuse complaints can be easily resolved,” Peck says.

Please contact Steven Peck’s Premier Legal toll free at 1-866-999-9085 to talk to an experienced nursing home and abuse attorney.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.