Elderly Lives Matter
305-670-2000
Call For A Free Consultation

Hidden cameras and nursing home abuse

Florida residents who have to find nursing home accommodations for a loved one often have numerous concerns about safety. While it can help to take important precautions such as researching the home and keeping a watchful eye out for signs of abuse, it can still be hard to achieve certainty that staff is treating one’s family member properly at all times. Additionally, it is one matter to strongly suspect abuse; it is another to obtain proof.

As a result, families often want to know if they can place a hidden camera in their loved one’s room. In Florida, this is a complex issue that can raise a number of legal concerns.

Current laws

Unlike several other states, Florida law does not explicitly allow the use of cameras in a nursing home or assisted living facility. It also does not explicitly prohibit such use. However, the lack of a provision allowing cameras means that placement can be subject to various restrictions, such as a nursing home contract and privacy laws. Although some Florida groups continue to advocate for a law permitting cameras, the Florida Health Care Association strongly opposes it.

Privacy concerns

The issue of privacy can become particularly salient if the elder in question does not have the capacity to consent to a camera’s placement or if there are additional roommates. Additionally, Florida’s two-party consent laws can mean a recording that includes audio would not serve as evidence.

Video cameras can detect abuse

Nevertheless, as several news stories report, concerned relatives in Florida do sometimes install hidden cameras, which can capture disturbing scenes of abuse by staff members. The compelling video proof enabled the families of the victims to come forward and obtain some forms of recourse.

Because video recordings can provide important proof, it is essential to install and use any cameras in a way that would not invalidate their use as evidence. 

 

Archives

FindLaw Network
Honors & Awards
Multi Million Dollar Advocates Forum
Million Dollar Advocates Forum
Florida Trends Florida Legal Elite
The Florida Bar Board Certified
National Board of Trial Advocacy NBTA Established 19977
AV Lexis Nexis Martindale Hubbell Peer Review Rated for Ethical Standards and Legal Ability tm
AVVO
Rated By Super Lawyers William A. Dean

Let Us Help Your Family Today

Contact Us For A Free Consultation

Phone: 305-670-2000
Fax: 305-670-1353
Ford, Dean & Rotundo, P.A.
3323 NE 163 Street, Suite 605
North Miami, FL 33160
Review Us
Review Us