Nursing homes do not enjoy a good reputation when it comes to patient care, and for good reason. Over the past few years, it seems that there has not been a week that goes by without an incident of nursing home abuse or neglect. With the increase in reports of nursing home abuse and neglect over the past several decades, as well as the corresponding advancement of technology, the question of whether hidden cameras in nursing home facilities should be allowed has recently garnered a significant amount of attention.
Cameras in nursing homes are a good way to monitor the level of care that a nursing home provides to its residents. However, not surprisingly, when a family places a hidden camera in a nursing home, certain legal issues may arise. Importantly, there is no federal legislation giving families or residents the right to install hidden cameras in a nursing home facility. However, some states, such as Oklahoma, Texas, and New Mexico, have passed state legislation giving families the right to place cameras in at least some circumstances.
In most cases, a nursing home will include a clause in the pre-admission contract restricting the resident’s right to use video or audio surveillance. And in most cases, since the resident’s room is technically the property of the nursing home facility, these clauses are upheld. However, if the family of a nursing home resident suspects that their loved one is a victim of abuse or neglect, legal action may be taken through a Maryland nursing home neglect or abuse lawsuit.