I have a hidden camera in mom's room in an assisted living facility and i found a disturbing video upon review. What can I legally do?

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The facility called me last week to say that my mother had a huge skin tear on the bottom of her ankle caused by a transfer from the bed to the wheelchair. They sent her to the ER for evaluation and care. Fortunately for me, I had a hidden camera that records every moving moment and I pulled the card and reviewed the videos for that time line. It seems that the caregiver didn't lock the wheelchair when doing the transfer and the chair slipped away while she was picking up my mother, she dragged my mother to the chair and my mother's leg got caught under the chair by the wheel causing the skin tear. Clearly this person wasn't thinking or inexperienced or didn't care. WHAT ARE MY OPTIONS HERE? my mother can't communicate and says about 3 to 4 words for an entire day. I can ID the person very easily, but they will want to know how do I know the person?

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Thank you Snowpak for the feedback.
I hope your mom is painfree. It sounds like you are doing everything you can to make that happen.
It’s a shame you have to train the employees but it’s a good thing for us to remember should we be in similar circumstance.
Thank you for sharing that. It’s so hard to remember all the little things that can make a huge difference in someone’s care.
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Reply to 97yroldmom
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Thank you for everyone's responses regarding my situation. I just want to clarify that she is in an Assisted Living Facility, NOT a Nursing Home (I wouldn't go near any of those places in my area). The reason why I have the hidden camera is because when my mother was able to communicate with me, she had said that someone was being mean to her, but she could never remember the name. Eventually I found out, and not via the camera and the aide was fired but only because there had been numerous complaints against her.
So now it's almost 3 weeks later and since that time, I did submit the video to a elder abuse/negligence attorney for review. He said that I had legal rights to have a video camera in her room (my mother has a single room), but that the video itself is not admissible in the court. (in the papers I signed for the facility, there was no mention of videotaping, in fact I signed saying that the facility could photograph my mother) He suggested that I have him prepare a "demand" letter for damages (hospital bill and care). I haven't given him the green light on that yet. I was against a law suit.
I did find the employee and decided not to let on that I knew it was her because she is the one who feeds my mother in the cafe. I did instruct her on how to remove the arm rests on the chair so transferring would be much easier.
Yes, overall the care has been very good and I'm there 5-6 days a week so they all know me.
As time goes by, I'm more concerned that her remaining days are pain free!
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Reply to snowpak
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I’m very sorry for your mom’s injury due to negligence. Your decision to take legal action or not might not be dependent on proving that you know which employee was negligent.
How did the NH explain the incident to you? What did they say happened? What responsibility did they take?
Not only can your mom not speak but she can’t get herself up to get in the wheelchair on her own either can she? Her injury is a pretty graphic picture all on its own.
But I agree that you have a lot to consider. Getting your mom settled in a new facility wouldn’t be without hardship for the both of you.
I’m sorry you are having to deal with this and I hope your mom is better soon. Let us know how this turns out.
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Reply to 97yroldmom
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Snowpak,
Why did you feel the need to put a hidden camera in your mom's room in an assisted living facility? Did you have some concerns about your Mom's care? Had you already voiced those concerns calmly and in a businesslike manner with the Charge Nurse, the Director of Nursing, Social Service &/or the Administrator and not received any satisfactory answers? Or were you "looking for problems"?

Is your Mom in a room by herself or does she have a roommate? If there is a roommate, can the roommate be clearly seen and identified on the video?

As mentioned by several other people, you have opened a HUGE "can of worms" by videotaping your mom in a healthcare facility. What are the policies about your recording the staff without notifying the Director of Nursing & /or the Administrator? You need to see an attorney ASAP.
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Reply to DeeAnna
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I think that's a good question, Snowpak. Does this seem like a fluke, a freak accident, in the midst of what's been generally good care? Of course the aide should have come clean that there had been an accident while transferring.
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Reply to SnoopyLove
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Snowpak, how has care been otherwise? Were you satisfied with the facility before this happened?
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Reply to GardenArtist
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This IS a touchy subject, and I don't have anything to offer beyond the already good advice, but do want to share that a similar accident happened to me. The therapists at a facility last year were ALWAYS rushed. Dad was brought back in a hurry, transferred, the therapist shoved the wheelchair to the side of the room and didn't lock the legs.

Dad needed to use the bathroom, rang the bell, no one came, and off he went headed toward the bathroom. I jumped to help him, tripped over the wheelchair leg support which flew out when it touched my leg, and down I went.

I should have locked it after the therapist left, but I was more concerned about her attitude of quickly in and quickly out.
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Reply to GardenArtist
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snowpak, sorry your Mom had to go to the ER.

The way I look at things that happen in a nursing facility can very much happen at home. Would we legally go after a relative who is doing the caregiving?

As for the camera, you would have needed to have had written permission from the facility to place a camera in your Mom's room.
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Reply to freqflyer
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Caregiver may have been overworked that day no excuse for what happened but a possibility
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Reply to shad250
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What were the circumstances before the transfer? Did the aide need to think or move fast and didn’t have time to lock the wheelchair? Not that her behavior was correct but sometimes all isn’t what it seems. The facility did the right thing taking your mom for ER evaluation. Maybe that’s what the aide told her supervisor and that’s what she went with.
As far as videotaping that’s a no no. You very well could have broke their policy and may have to move your mother.
I guess your only option is seeing an attorney on how to proceed.
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Reply to Shane1124
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