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Are Hidden Cameras Admissible In Nursing Home Abuse Claims?

Nursing home abuse claims can involve physical violence, emotional abuse, neglect, and even criminal violations that can land the perpetrator in jail. Unfortunately, a recent report found that 25 percent of all serious cases of nursing home abuse is not reported to the police. This is troubling because state and federal law requires that anyone suspecting possible nursing home abuse cases reported this to the police.

Nursing home abuse

Families who place their loved ones in a nursing home have the right to expect that the facility will keep residents safe and free from harm. To ensure that residents are protected, some families install cameras to monitor what happens when they are not present. The team at Fetterman & Associates thinks it’s important that you understand the legal implications and admissibility of camera footage in nursing home abuse claims.

State Laws On Cameras In Nursing Homes

Cameras and spy cams have become big business in many industries, but the issue is much more dicey when it comes to nursing homes. While many nursing homes have set up video surveillance in common areas where visitors and patients often congregate, regulations are more restrictive on the placement of cameras in resident rooms.

Most nursing homes don’t allow cameras in resident rooms, because of concerns about privacy related to the actions of a roommate or caregivers. However, if a nursing home allows cameras, you must still adhere to the rules that facility has established for how those cameras can be used.

Currently, five states have passed laws allowing private individuals to install cameras in skilled nursing facility resident rooms. Recently, government officials in Utah passed a law that allows the use of cameras in assisted living facilities.

Other states such as California have not passed a law about cameras in nursing home resident rooms, but they do have guidelines for how facilities must use cameras in assisted living facilities.

The important thing to remember is that before you install a camera in a loved one’s room, you must first check the regulations of the nursing home. Because you signed a contract stating you will adhere by those regulations, placing a camera in the room of a family member living at a nursing home may be a violation that could result in expulsion.

Call An Attorney To Learn More About Cameras and Nursing Home Abuse 

Proving nursing home abuse can be challenging, especially if you don’t have any primary evidence such as unexplained bruises, bedsores, or some other type of physical sign that abuse is taking place. The admissibility of hidden cameras is a thorny issue that can be won or lost on technicalities, which is why you need an experienced legal team behind you when you pursue these claims. Please  contact the lawyers of Fetterman & Associates today at 561-845-2510 for a free consultation.

How to File a Nursing Home Abuse Lawsuit

Nursing Home AbuseHaving to send a loved one to live in a nursing home is never an easy decision. If you are like most people, you likely take the time to find the best care possible. Unfortunately, even with extensive due diligence, nursing home abuse may still occur.

If you, or someone in your family, has been a victim of nursing home abuse, then you are likely going to have questions, as well as concerns, about what legal rights you have – including what you need to do to file a lawsuit against the parties perpetrating the abuse. While the situation may be scary, filing a lawsuit is a step in the right direction to help you seek justice and protect your rights.

Filing a Nursing Home Abuse Lawsuit Step 1: Find an Attorney

If you are thinking about filing a nursing home abuse lawsuit, then the first step you should take is to find a qualified, experienced attorney who specializes in this type of case. Because of how complex these cases can be, having a legal professional who understands the law is essential.

Filing a Nursing Home Abuse Lawsuit Step 2: Getting Ready to File

Once you have found an experienced attorney, you need to prepare to file the lawsuit. You will work with your lawyer to gather any information you can, including documents that include photos or video, witness statements, medical records and contracts with the nursing home. After all the needed information has been acquired, and it is determined that you definitely have a case, then you can begin the filing process. In most cases, this is something your nursing home abuse attorney will take care of with you.

Filing a Nursing Home Abuse Lawsuit Step 3: The Complaint or Petition

The actual lawsuit you file is referred to as the petition or complaint. This is the document that identifies the claims that you are making against the defendants. Additionally, this complaint will identify the legal reasoning for the claim, all facts relating to this claim, and the relief that you are seeking. You will file this complaint with your jurisdiction’s Clerk of Court, and it will be served to the named defendants after it is filed with the court.

Filing a Nursing Home Abuse Lawsuit Step 4: The Legal Process

Once your lawsuit is filed, the next step in the process is to gather information, interview witnesses, ask questions and getting ready for the case resolution. The amount of time that this process will take varies from one case to another and is dependent on the individual facts and circumstances of the case.

Keep in mind, each of the aforementioned steps in the lawsuit process are important in regard to achieving a resolution that is successful. Together, you and your attorney can determine what the best options are to help secure a positive outcome, regardless of if it is settling out of the court room, or pursuing a more formal trial.

If you are facing a situation of nursing home abuse, then hiring an attorney is going to be the best option. To ask questions and find out more about this, contact the team of lawyers at Fetterman & Associates by calling 561-845-2510.

Additional Reading

Nursing Home Abuse: Warning Signs Your Loved One is a Victim of Financial Exploitation

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