Am I Allowed to Put a Hidden Camera in a Relative’s Nursing Home Room?

 Posted on November 04, 2020 in Neglect

Nursing home neglect and abuse are sad realities in the United States. Understaffing, inadequate staff training, negligent hiring practices, and other problems can lead to injurious or even fatally substandard care. News stories about nursing home neglect and intentional abuse are also not uncommon. If you have a loved one in a nursing home, you may worry about what is going on behind closed doors. You may have considered leaving a hidden camera in your loved one’s room in order to monitor the care he or she is getting but have questions about the legality of this type of surveillance.

Nursing Home Abuse Comes in Many Forms

Unfortunately, there have been instances in which nursing home staff have deliberately hurt residents physically, emotionally, or sexually. Many nursing home residents suffer from illness that impair their memory or cognition. This can make it very difficult for the residents to report abuse or neglect. Sometimes, nursing home residents are aware that the treatment they are receiving is unacceptable, but they are too afraid to speak up about it to staff or their family. Issues such as these lead some people to install cameras in their loved one’s room at the nursing home.

Are Nursing Home Cameras Legal?

You may wonder if hiding a camera in your loved one’s room for the purposes of monitoring their care is even legal. Laws regulating recording others vary considerably from state to state. In Illinois, nursing home cameras are subject to the Authorized Electronic Monitoring in Long-Term Facilities Act. This law makes it legal for families to install video cameras in their loved one’s room under certain circumstances. The camera must only be installed in the resident’s room and not in a common area of the nursing facility. The camera must also be in a conspicuous location. So, hidden cameras or “spy cameras” are not permitted. Furthermore, there must be a notice posted outside of the resident’s room that informs others of the electronic monitoring. The nursing home resident or his or her guardian and any roommates must give written consent before a camera can be placed in the room.

Contact a Cook County Nursing Home Neglect and Abuse Lawyer

By law, nursing home residents have the right to receive adequate care and to be free from abuse and neglect. If nursing home negligence leads to a resident’s injury or death, the nursing home may be held accountable through a nursing home negligence claim. If your loved one received substandard care or was intentionally harmed while living in a nursing home, contact an experienced Chicago nursing home attorney at Schwartz Injury Law. Call our office at 312-535-4625 and schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3673&ChapterID=21