Right now, legislators are debating whether or not loved ones should be allowed to place nanny cams in their loved one’s nursing home rooms. These so-called “granny cams” are the subject of an ongoing debate between patient’s rights advocates and the nursing industry as a whole. While the nursing industry opposes allowing granny cams in their hospitals, patients’ rights advocates believe that it will help hold nursing homes accountable for instances of abuse.
Florida Laws on Granny Cams
As of this moment, there is no legislation that permits family members to install granny cams in their loved one’s nursing home room. While it may not technically be illegal, you can bet that the nursing home has a policy that forbids the use of recording devices on their premises. Ostensibly, they say, this is to protect the privacy and dignity of their residents. However, many believe this is only for the purpose of insulating them from liability in cases of abuse or neglect.
The real question is: Can information that has been gathered extra-legally be used in a civil or criminal action against an employee or to sue the nursing home itself. That’s a matter of some debate and will be left to the discretion of individual judges. However, the legislation will make it possible for family members to place granny cams inside their loved ones’ rooms.
What is Illegal?
In Florida, it is illegal to record someone’s voice without their consent or knowledge. Cameras that also have audio features would be illegal for the purposes of “spying” on your loved one’s nurses. Does the same law protect nurses from video surveillance?
Well, there is no law that states that you can’t. Whether or not the law that prevents audio recording extends to video recording is still a matter of debate. That debate could be cleared up once and for all if the Florida legislature passes a law that explicitly allows loved ones to install video surveillance in their loved one’s rooms.
The Case Against Granny Cams
While many are doubtful that the nursing industry cares about the privacy of their patients, the privacy of patients should matter to everyone. Nursing home abuse and negligence caught on tape can help plaintiffs prove their case, but what is the hidden cost here?
Those in nursing homes tend to be recovering from serious medical events and require constant hands-on care. This includes washing them after they’ve soiled themselves, bathing them, and otherwise taking care of them when they’re in their least dignified state. There is also concern that many of the patients do not have the cognitive wherewithal to give their consent to being monitored in this fashion.
As the debate rages on in Florida, several states have already passed legislation allowing families to monitor their loved ones.
Talk to a Tampa Nursing Home Abuse Attorney Today
If your loved one is being mistreated by nursing staff, call the Tampa medical malpractice attorneys at Palmer | Lopez today. We can help restore the dignity of your loved one.
Resource:
sunshinestatenews.com/story/dem-lawmakers-push-granny-cam-bill-closer-watch-florida-nursing-homes
