An investigator and ombudsman for the elderly says elder abuse in the nursing home industry happens more often than people know.

"Growing old and perhaps going to a nursing home should not be scary for all of us," said Nona Tolentino, ombudsman for the elderly.

Tolentino's job is to investigate cases of suspected elder abuse in the nursing home industry. Trying to verify it, however, can prove elusive, because people refuse to talk about it for a number of reasons.

"I call it the conspiracy of silence, (because) no one is able to talk for them," said Tolentino.

Under California law, nursing home employees are mandated to report any cases of suspected elder abuse. Tolentino finds that's not always happening, though, as employees keep quiet out of fear of losing their jobs.

Even family members may not to report any suspicion of elder abuse happening to a loved one. The family may not be equipped or not want to take their loved one back home. Or, the family may fear their loved one will be moved to another facility farther away, making visits more difficult.

Tolentino is adamant about patients' rights to a safe environment. It was only back in 1987 when the Older Americans Act established a legislative framework for reform to better protect the elderly in nursing homes. It is based on the premise that it is a resident's right to be free of verbal, mental, sexual and physical abuse, unnecessary physical and chemical restraints, and involuntary seclusion in a nursing or residential care facility.

It was Tolentino who investigated elder abuse charges at Kern Valley Healthcare District in Lake Isabella.

The California Attorney General's office filed a criminal complaint against three employees of the KVHD facility, alleging they forcibly administered drugs to patients. Three of those patients died as a result of complications, according to the criminal complaint.

Tolentino says anyone considering placing a loved on in a nursing home should do their homework and check out any facility several times.