In most states, you cannot put a camera in a nursing home room. In Florida, using cameras could violate the privacy of the staff and other residents. Additionally, nursing homes may have their own rules and regulations for recording residents.
Is Using a Camera in a Nursing Home Room Illegal?
Florida does not have a law that expressly denies or permits cameras in nursing home rooms. However, using a camera without the knowledge or agreement of staff members or roommates may violate laws regarding consent to record laid out in Florida Statutes § 934.03.
Nationwide, only a handful of states have laws permitting cameras in residents’ rooms. According to The National Consumer Voice for Quality Long-Term Care, as of 2020, only Illinois, Kansas, Louisiana, Minnesota, Missouri, New Mexico, Oklahoma, Texas, and Washington allow recording, and only with a roommate’s consent.
Are There Other Ways to Monitor Loved Ones in Nursing Homes?
One of the most important things you can do to protect your loved one is to pay attention to any indications of abuse or neglect. To do this, you need to know about the types of abuse and recognize their warning signs:
Types of Elder Abuse
- Physical – Physical abuse includes any form of violence or bodily harm, such as hitting, kicking, burning, shoving, pushing, or slapping.
- Emotional – Also referred to as physiological or mental abuse, this type of abuse includes threats, intimidation, humiliation, and social isolation.
- Sexual abuse – This type of abuse includes any kind of unwanted sexual interaction, including verbal sexual harassment.
- Financial – This is the unauthorized use of a resident’s finances or belongings. It may include property theft, check forging, and altering bank accounts or retirement funds.
- Neglect – Neglect occurs when a resident’s basic needs go unmet. This includes a lack of medical care, toileting assistance, mobility assistance, and provision of nourishment. Sometimes, neglect is an intentional form of abuse, and sometimes it is the unintended consequence of understaffing or poor training.
Warning Signs of Abuse of the Elderly
Be alert for any of the following indications of elder abuse in your loved one:
- Cuts, bruises, burns, broken bones, or any other signs of physical violence
- Frequent falls or accidents
- Dirty hair, nails, clothing, and other signs of neglected hygiene
- Bedsores
- Signs of trauma, such as rocking back and forth or showing fear of a particular caregiver
- Missing money, personal items, or sudden changes to financial documents
- Agitated, aggressive, or anxious behavior
- Withdrawing from friends, family, and activities they once enjoyed
- Signs of malnourishment and dehydration
It would be best if you also looked for the following warning signs when it comes to the nursing home facility itself:
- Lack of facility improvements or repairs
- Signs of understaffing, such as harried or frantic caregivers, unanswered phones, unanswered patient call lights, and a lack of administrative oversight
- Dirty, unsanitary, or unsafe conditions
- Lack of caregiver training
- High staff turnover
- Staff evasiveness when questioned about your loved one’s care.
What Should I Do If I Suspect Nursing Home Abuse and Neglect?
If you have any reason to believe your loved one is suffering abuse or neglect in a nursing home, you can file a complaint online with the Florida Agency for Health Care Administration. If the situation is an emergency, call 911.
You Can Act and Protect Your Loved One
A Miami nursing home abuse lawyer with our firm can assist you with investigating your loved one’s care. If the nursing home abused or neglected your family member, we could help you hold them financially responsible. You could win awards for:
- Your loved one’s medical care
- Reimbursement of your loved one’s nursing home fees
- Compensation to help with relocating your loved one to another facility
- Your family member’s physical pain, emotional suffering, and mental anguish
- The value of any stolen or damaged funds or property
- Wrongful death compensation if your loved one died from a fatal nursing home abuse injury
Do Not Wait Too Long to Take Action
According to Florida Statutes § 400.0236, you have two years from the time of your loved one’s injury to file a nursing home abuse case in Florida. If the nursing home concealed the injury, you have two years from discovery, not to exceed a total of four years from the original incident. If the statute of limitations runs out, you may not be able to seek compensation for your family member.
Get a Free Consultation with a Nursing Home Abuse Lawyer Today
The Law Offices of Anidjar & Levine can help you stand up for your loved one. Our attorneys will handle your insurance claim or lawsuit, gather evidence, and work tirelessly to secure a settlement or verdict in your favor.
If you have video evidence of elder abuse or neglect, our attorneys for nursing home abuse can guide you on what to do with the footage and whether it may benefit your case. Call us today at 1-800-747-3733 for a free case review.
