CAMERAS IN A NEW YORK NURSING HOME
Should I Place a Camera in My Loved One’s Room?
Should a family member place a video camera in a loved one’s residence? Should the person who is concerned for their well-being place a video camera in their residence? What about a private residence, assisted living facility, or a nursing home; do the rules change?
The simple answer is “yes”. However, certain considerations may be appropriate. As with most challenging questions, the crux of the answer lies within the details. In this post, we will address some practical, legal, ethical, and pragmatic considerations.
Balancing Transparency with Privacy in Nursing Home Surveillance
Paramount in the analysis is the benefit of increased transparency and monitoring of care. This is counterbalanced by concerns for resident privacy, the privacy of others within their purview, susceptibilities, and vulnerabilities of video/streaming. Another consideration is that a video may protect/exonerate someone mistakenly accused of harm or even malfeasance.
Recordings, surveillance, and streaming are ubiquitous. Rare is the person who does not carry this capability. Whether a cellphone, doorbell, interior/exterior of a store, lobbies, elevators, dashcam cameras, heck even the corner light post, cameras all should expect to be scene.
Nursing Home Vigilance: Can Technology Bridge the Care Gap?
As we age, our vulnerabilities increase. We face increased challenges and limitations in caring for ourselves, handling financial obligations, and confronting a health care system that all too often prioritizes profits over people. What role can a camera play in helping to address these facts?
Our focus is on nursing home neglect and abuse (this includes assisted living facilities and home health agencies). The nursing home industries failure to employ, pay and train staff leads to harm and injury. This is a systemic failure that is typically not the fault of frontline care.[i]
Legal considerations: The admissibility.[i] of motion pictures and sound motion pictures is governed by the same principles as the admissibility of still photographs. Photographic evidence that is a fair representation of the person, object or places reproduced and the matter portrayed is identified and is relevant to the controversy, any person having the requisite knowledge of the facts may authenticate the photograph.[ii]
Aside from the caveats mentioned, there currently is no prohibition on the use of cameras or surveillance regarding care providers in New York. We think the legislature should explicitly enact such safeguards.
Ensuring Resident Safety Through Surveillance
Alternatives and Solutions: Cameras are no substitute for proper care. Staffing, transparency, and communication need to be part of the overall care plan for the nursing home resident.
Deterrence for Neglect and Abuse: Cameras are a deterrence for neglect and abuse. Knowing that one’s actions are being recorded can encourage caregivers to provide a higher standard of care.
Impact on Staff-Resident Relationships: Consideration of how a camera may affect these relationships is necessary. A balance between monitoring care and maintaining a positive and trusting environment should always be weighted.
Monitoring Care: Of course, and rightfully so, privacy concerns should remain in the forefront. However, where that privilege begins and where it ends is a topic for another blog.
For these reasons, the “need” for a camera may be self-evident. Advising the appropriate person/agency as early as possible is an effective deterrent to harm and abuse. Likewise, capturing harm and abuse may be the best, if not only way, to hold the responsible party/ies accountable for occurrence.
Upholding Dignity: Fostering Compassionate Care in Nursing Homes
At the End of the Day: Cameras can help monitor the care provided to residents. Families can remotely observe the interactions between staff and residents, ensuring that care is delivered in a respectful and appropriate manner. Caregivers can rest assured that they are not vulnerable to mistaken beliefs.
New York State and Northern New Jersey Nursing Home Advocates
If you or someone you know is injured, please consider contacting Adams Law Firm, P.C. We have a successfully advocated on behalf of those injured due to harm, abuse and neglect throughout New York State and Northern New Jersey. There is no legal fee until we are successful.
Should you have any question, please contact us toll free at 888 MY 911 LAW (888.699.1152), or by email through our contact form here.
Thank you.
Learn more about Nursing Home Abuse in New York State
[1] We always emphasis in every post that we provide that most healthcare providers are fine, decent, and caring individuals. Frequently overworked, typically underpaid, and often underappreciated.
[1] We are obligated to provide the following disclaimer: We are not providing legal advise. You should not rely on anything within the article in making your own informed decision. Always consult with qualified legal counsel.
[1] Video tape evidence is not automatically to be excluded by the court; People v. Corbett, 68 AD2d 772 (4th Dept. 1979). A videotape recording is admissible if evidence establishes that the tape recording is genuine and that there has been no tampering with it; People v. Teicher, 73 AD2d 136 (1st Dept. 1980). Although videotapes are ordinarily admissible under standard evidentiary rules, some reliable authentication and foundation are necessary; People v. Patterson, 242 AD2d 741 (2nd Dept. 1997). Because the object of the authentication requirement is to insure the accuracy of the videotape, any person who has the requisite knowledge of the facts may verify; People v. Patterson, 93 NY2d 80. A videotape may be authenticated by testimony of a witness to the recorded events or of the operator or installer or maintainer of the equipment that the videotape accurately represents the subject matter depicted in the videotape; People v. Patterson, 242 AD2d 741.
