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Cameras in Nursing Homes Resident’s Rooms: A violation, or safeguard against abuse?

By Walton Law APCMarch 20, 2015July 23rd, 2023No Comments

NBC-7 San Diego recently reported a story exposing that:
“At 85 years old, Lynn Murphy’s health was failing, her memory fading fast. So, in October 2013, her daughter Kathe Murphy put her mother into the Oakmont of Roseville retirement community, near Sacramento.

While Lynn was in Oakmont’s memory care unit, Kathe said the staff wasn’t doing their job. She took photos of her mother’s dirty clothes, room and bathroom. She said the staff was supposed to be doing Lynn’s laundry and cleaning her living quarters. Kathe said her mother wasn’t being properly taken care of.

These were issues that Kathe said she knows about first-hand since she worked as a paralegal for 20 years for the Department of Social Services’ licensing division — the same state agency responsible for regulating and licensing elder care facilities in California.

“I said this is elder abuse. Nobody’s done anything,” Kathe said.

She took her mom out of the facility in April 2014 after she said her mom was put in bed and not checked on for almost 24 hours. Her mother died 3 weeks later.”

The tragedy has brought to light the question of whether or not installing cameras in nursing home residents’ rooms would help to prevent elder abuse and neglect. While many advocate for the installation of cameras, others declare that the installation of cameras would constitute a breach of privacy.

Current laws allow for video surveillance in common areas of a residential care facility. Yet the California Department of Social Services does not allow for cameras in resident’s rooms, citing privacy concerns.

According to the NBC-7 Story:

“The Department of Social Services Deputy Director of Public Affairs Michael Weston said the client’s right to privacy is a concern for the department.

“We view these as people’s homes, and we want people to have rights in their own home and balancing that between a business and a residence,” Weston said. “We want to be careful about.”

Weston said the department has developed proposed guidelines which would allow video cameras in private rooms under specific conditions. He said those guidelines are still being reviewed and expects to release them this spring.”

Click here to read the full story from NBC-7 San Diego.

Under California law, elder abuse is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse typically includes any physical or financial abuse, neglect, or abandonment resulting in physical or mental harm.

If you believe that someone you know has been abused while residing in a California Nursing Home, contact an award winning elder abuse attorney today.

Walton Law, APC is a San Diego boutique law firm dedicated exclusively to representing injured parties in the areas of personal injury, nursing home abuse and neglect, and financial elder abuse. We only represent people – not insurance companies – and take pride in our reputation for obtaining full and fair compensation for our clients while providing personalized client service. If you believe another has abused an elder you know, contact us today to schedule a free consultation. All cases are taken on a contingency basis.

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