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Are Hidden Cameras In Nursing Homes Legal?

October 29, 2014
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Placing an aging and ailing loved one who is no longer able to care for him or herself in a nursing home can be a distressing experience for the elderly person as well as their loved ones. However, sometimes there are no other alternatives. Family members must work and they often lack the sufficient time to provide the level of care that their elderly loved one requires.

Luckily there is the existence of nursing homes to take the burden off family members, but what about the abuse and neglect that is so prevalent in nursing homes? According to a study conducted by staff of the Special Investigations Division of the House Government Reform Committee, 1 in 3 nursing homes have been found to have staff that abuse and neglect patients, read the full report here. During their investigation, it was uncovered that extreme abuse occurs in some cases, such as kicking, slapping, and even sexual abuse of nursing home residents. Due to the likelihood of their vulnerable elderly family members experiencing some type of abuse or neglect, many families have considered installing hidden cameras in their loved one’s room as a way to detect abuse. The big question is: Is placing a hidden camera in a loved one’s room in a nursing home legal?

Is The Use Of Hidden Cameras Permissible In Nursing Homes?

Unfortunately, many states have laws prohibiting the use of hidden cameras in nursing homes, for various reasons. First of all, since most nursing home patients undress and bathe in their bedrooms, it would be a violation of their privacy. Secondly, it is unlawful for employees to be recorded without their knowledge. Additionally, a nursing home is a public or private facility that is managed by others. If family members opt to keep their loved one at home and hire a full-time caregiver, then installing a hidden camera is perfectly legal.

Ways Around The Laws

If family members are insistent about the use of cameras to monitor the care of their loved ones, then in some instances, there are ways around the laws. One way is for family members to speak with the official in charge of running the nursing home and seek permission. Another way around the laws is for family members to place their relative in a nursing home that has pre-installed cameras. However, families should be aware that such facilities are not very prevalent, but some do exist.

So for families who are concerned about their elderly loved ones being abused in a nursing home and desire to utilize hidden cameras, there are ways to possibly do so. As long as permission is granted, family members can have peace of mind knowing that their loved one will not end up abused like several elderly residents who were abused at a Cleveland, Ohio nursing home. Channel 3 in Cleveland, Ohio, used hidden cameras to determine that the complaints of suspected abuse were verified when caregivers, one female in particular, were caught on camera shoving, slapping and humiliating several nursing home residents, see the video footage here. If you need to learn more about what abuse is, read our blog about what institutional abuse or neglect cases.

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Haberman Law is dedicated to representing the rights of victims of nursing home abuse and neglect.

Many of us turn to nursing homes, assisted living facilities, and group homes to provide care for our elderly loved ones.

If you suspect that a loved one was the victim of abuse or neglect in a nursing home, assisted living facility, or group home, contact us.

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