Families choosing between nursing homes for their loved ones want to be sure that they receive the best care available and ensure that all federal laws and regulations are complied with concerning the care of their family member.
Nursing homes, however, are frequently failing to meet the grade. In fact, according to a federal study commissioned by the Health Care Financing Administration, more than one out of four nursing homes fail and are actually a threat to the patient’s health. In more disturbing cases the very residents whose care is entrusted to the nursing home are actually being abused by employees. This leaves many residents, patients, and family members wondering what they can do to uncover and prevent this sort of abuse or neglect.
One of the best ways to protect yourself or a loved one is through a surveillance camera, also dubbed a “granny cam.” These hidden cameras can be installed in a room, monitored regularly, and be a significant deterrent to harm. These cameras are perfectly legal as long as some basic steps are taken.
Texas law mandates that “nanny cams” are legal and admissible in court as long as (1) the patient themselves and any roommates have consented to the surveillance, and (2) the nursing home has been informed. In the case of a patient who is not competent enough to provide his or her own consent, consent may be given by a legally appointed guardian or holder of power of attorney for that patient. In addition, family’s interested in installing a nanny cam should ensure that if the patient has any roommates, that each of these roommates has given adequate consent for the “nanny cam” to record.
The second requirement for Texas nursing home patients is that the nursing home be informed of the use of the nanny cam. For if the nursing home operator is not aware of the camera (either through notice or it being placed in an open and obvious place) the camera is likely to be considered covert surveillance and thus may be illegal.
Knowing that you can use a “nanny cam,” the question becomes whether you should. While circumstances may differ, generally families should use this technology for three reasons:
1. The surveillance camera lets the nurses and staff know that someone may be watching , ensuring their best behavior.
2. If a patient or family member suspects wrong doing, the camera is there to provide answers.
3. If negligence or abuse is confirmed by a nursing home surveillance camera, these videos are admissible in court and provide strong evidence of wrong doing and liability on the part of the nursing home.
Unfortunately many patients in nursing homes are not able to communicate effectively about what sort of treatment they are receiving. As a concerned family member, providing a camera to record the treatment allows there to be an objective voice to let everyone know the quality of care-good, bad, or abusive.
McIver Law Firm handles healthcare litigation throughout Texas. The attorneys at McIver can be reached at 832-767-1673.