Ombudsman calls for better patient protection

Manitoba's ombudsman has prompted a change in rules meant to protect patients from abuse.

A report by the ombudsman's office, released Friday, states it found that an agency set up to investigate alleged abuse had set the bar too high.

The report suggests that patients could basically be mistreated yet the agency — the Protection for Persons in Care Office (PPCO) of Manitoba Health — might not find that abuse had occurred if there were no serious injuries.

'Manitobans need to know that the PPCO investigates allegations of abuse in care facilities thoroughly and impartially.' —Manitoba Ombudsman Irene Hamilton

"The PPCO receives and investigates abuse allegations in care facilities throughout the province. It fulfills an extremely important role," ombudsman Irene Hamilton stated in a news release.

"Manitobans need to know that the PPCO investigates allegations of abuse in care facilities thoroughly and impartially in accordance with The Protection for Persons in Care Act."

The Protection for Persons in Care Act has been law since 2001.

It is supposed to protect Manitobans in hospitals and personal care homes from physical, sexual, mental, emotional and financial abuse.

In recent years, the PPCO engaged in an organizational change exercise that included a re-interpretation of the statutory definition of abuse, according to the ombudsman's news release.

The concern raised with the ombudsman was that the re-interpretation could result in cases being prematurely closed for not meeting the now higher threshold, or result in investigative findings that abuse did not occur, when in fact it may have.

As a result of the investigation, the ombudsman has made five recommendations:

• That the PPCO's working definition of abuse be revised to include both the acts of abuse and the outcomes of those acts, that the threshold for serious harm be defined in accordance with case law, and that the PPCO's working definition of 'reasonably likely' to cause serious harm be revised.
• That PPCO policies on referrals to professional bodies such as the College of Physicians and Surgeons be revised to clarify when there are reasonable grounds to make such referrals.
• Similarly, that PPCO policies on referrals to law enforcement agencies be revised to clarify when there are reasonable grounds to make such referrals.
• That the PPCO revise its inquiry phase in which it is required to determine if a matter should be more thoroughly investigated. The inquiry phase should focus on whether or not there are reasonable grounds to believe that a patient has been or is likely to be abused, and on obtaining the necessary information to make that determination.
• That the PPCO issue necessary directions to facilities to ensure patient safety even if there has been no finding of abuse, if the directions would assist facilities in further preventing mistreatment and in ensuring patient safety.

Manitoba Health has already said it will change protection guidelines.