Families who move their loved ones into nursing homes generally expect their aging family member to receive proper support and compassionate care. Unfortunately, some people living in nursing homes endure negligence, while others experience outright abuse.
Family members concerned about a loved one not receiving the support they need for optimal health or experiencing actual violence may want to catch nursing home employees in the act or document how long their loved one went without support after requesting assistance. Installing a nanny cam or similar discreet video camera in a loved one’s private or semi-private nursing home room might seem like a simple solution for a stressful situation.
Can families with legitimate concerns about abuse or neglect install hidden cameras for the safety of their loved ones?
California has strict privacy rules
While a nanny camera might seem like an ideal solution for concerned families worried about the standard of care at a nursing home, state law essentially prohibits the installation of a hidden camera, even if the goal is to record criminal activity in progress. California is a two-party or all-party consent state for audio recordings.
In other words, any attempt to record a private conversation, including abusive verbal interactions in a nursing home, requires the consent of everyone involved in the conversation. Recording without consent can provide evidence of abuse, but families may not be able to use that evidence if they take legal action. Even worse, they could expose themselves to the risk of a lawsuit or even criminal prosecution by violating California’s strict privacy and recording laws.
Families intending to install cameras would typically require the consent of the nursing home and every employee who enters the room to care for the adult there. Nursing homes have even adopted policies explicitly prohibiting families from installing cameras in private rooms. There may be other ways to document neglect and abuse in a nursing home, including securing copies of medical records and testimony from witnesses.
Discussing concerns about abusive or negligent care in a nursing home with a skilled legal team can help families take appropriate steps to seek justice. Even if a camera isn’t a viable solution, there are other ways to prove abuse or neglect that constitutes elder abuse.