In a nursing home, an ombudsman is an advocate who listens to complaints and advocates for resolutions, though this role does not carry any power to punish facilities or enforce accountability.
However, when you work with an ombudsman, is it safe to trust that they are really on your side? Many families don’t start looking into this role until something about their loved one’s care concerns them, at which point they are often told to call the ombudsman.
That suggestion sounds reassuring, but it also raises questions like, “Do ombudsmen work for the nursing home? Will speaking up make things worse for my loved one?” This is where legal guidance from a Boston nursing home abuse lawyer matters more than ever.
What Is the Role of an Ombudsman in a Nursing Home?
An ombudsman is meant to act as an advocate for residents of nursing homes. In the state of Massachusetts, the Long-Term Care Ombudsman Program exists with the following goals in mind:
- Receive complaints
- Investigate concerns
- Resolve issues affecting residents
Ombudsmen are independent of nursing homes, and their primary focus is on resident welfare. They often visit facilities, speak with residents, and communicate with administrators about reported problems.
Now, on paper, this sounds ideal. What families do not always realize is that an ombudsman’s authority is limited.
Why Are Families Referred to an Ombudsman So Quickly?
When concerns arise among people related to or in contact with residents, nursing homes encourage them to reach out to an ombudsman rather than speak with staff members. This is because ombudsmen are there to resolve issues through communication and cooperation.
However, what they are not capable of doing when resolving concerning matters is enforcing anything in response to your worries.
Here’s what nursing home facilities are aware of in regard to ombudsmen:
- Ombudsmen do not issue fines
- They are not able to remove staff members
- An ombudsman will not file lawsuits
- Ombudsmen rely heavily on voluntary compliance
For minor issues, an ombudsman is usually a valuable and helpful resource. For major cases involving abuse or neglect, there is only so much the ombudsmen have the power to do, and their reach often falls short in serious situations.
Here’s What an Ombudsman Can Do Inside a Nursing Home Facility
When you speak with an ombudsman, here’s what they will likely do for you:
- Listen to complaints from residents or families
- Visit the nursing home
- Speak with staff and administrators
- Review policies or care plans
- Advocate for changes through discussion
Remember: their power lies in persuasion and documentation, not enforcement. This distinction matters when real harm has already occurred, and as well-intentioned as an ombudsman is, they are not always the right person to go to when someone you care about is harmed.
What Emotional Pain and Suffering Looks Like Inside Nursing Homes
Nursing home abuse is not only physical. Emotional pain and suffering leave a mark, too. In cases involving psychological harm, residents often report experiencing:
- Fear, from being ignored or yelled at
- Anxiety, from lack of control
- Depression, from isolation
- Trauma, from verbal or emotional abuse
Massachusetts law recognizes emotional harm as a real loss, especially when neglect strips someone of their dignity and safety. Just because it doesn’t leave any physical proof behind doesn’t mean it’s okay, and it’s important to do everything to protect your loved one.
Why Retaliation Is a Real Fear for Those Who Speak Up
Many families hesitate to talk to an ombudsman because they fear retaliation, but try not to let anyone make you think that advocating for someone you care about is the same as complaining.
At the same time, it’s important to know that your fear is not completely unfounded.
Here’s what retaliation looks like for those who work with nursing home ombudsmen:
- Slower response times
- Colder interactions
- Less attention to care needs
- Increased isolation
Ombudsmen aim to prevent retaliation, but they lack enforcement power. When retaliation happens, it often escalates quietly, and there is not much—if anything—an ombudsman is able to do for you at that point. If you’re facing retaliation, call an attorney right away.
The Evidence Is on Your Side, Even if Facilities Deny Problems
When preparing to bring matters to the attention of nursing homes or to retain legal counsel to defend their loved ones, families often worry that it will inevitably be their word against the nursing home’s. In reality, there is usually some form of evidence on your side.
Here’s what your attorney will explore when helping you build a case and hold at-fault parties accountable:
- Care logs and incident reports
- Medical records
- Staffing schedules
- Surveillance footage
- Prior complaints
- State inspection reports
Unfortunately, since facilities understand that evidence is out there, they often try to control your access to it as early as possible. That’s why the sooner you contact a lawyer, the less time facilities will have to hide proof or conceal information that could help you.
Call Us for More Information About the Role of an Ombudsman in a Nursing Home
In a nursing home, an ombudsman is an advocate, not an enforcer. While ombudsmen can document your concerns, they are not able to pursue compensation, prevent retaliation through legal force, or hold facilities financially accountable for their actions.
If that’s what you’re looking for, it’s time to call Jason Stone Injury Lawyers. We take care of our own because Massachusetts is our home.
Our attorneys have 21-plus years in business. Together, we’ve recovered more than $250 million on behalf of 15,000 clients and counting. Backed by our Stone Cold Guarantee®, you never need to reach into your pocket to pay us. There’s no obligation, just information®.
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