This is a reply to MsRandall, who has posted many replies saying that camcorders are against the law, that the family member could be sent to jail, etc. First of all, whether it's legal to install a camera depends NOT ON the policy of management but on the state law, and these laws do vary from state to state.
Second: there is a hierarchy of rights involve here: Possibly (depending on state law) the right of aides to privacy as they work; the privacy of other residents who might be seen on the recorder; and the rights of residents to quality care, free of abuse and neglect. Every time, I would prioritize the rights of residents to good care, which means they feel valued, respected, physically and emotionally comfortable and safe. I venture that MsRandall may represent management in some capacity? If so she should be even more concerned to protect the rights of residents to be free from abuse, not to be neglected, to have person-centered care. CMS mandates all these things.
Please: if you think there is a reason to suspect that your family member is suffering in his/her care home, but in your presence the aides are angelic, do try to get evidence, one way or the other.
Please reread my posting, I specifically said it is based on the laws of the state. QUOTE: Legally they cannot if the state has law against video taping others without consent. They would need the consent of management.
I do not represent management, I am retired elderly person (over70) Have never worked for a facility. I was a family nurse practitioner for 20 years and a law professor for 30 years. I taught American Health Care Law , criminal law and torts for the 30 years. My advice comes from the many people who I met/advised who ended up in trouble with the Law. From trying to dothe right thing,
My advice is firm -- Legally whether you can tape someoneone without consent depends on the laws of your state, If your state does not allow for taping without consent. You will need (at a minimum) the consent of the property owners (ie management) who can provide consent for taping their employees. However, they won't be able to consent to taping a roommate.
My caution is based on knowing the law and knowing how quickly people end up in legal trouble. It is one thing to take personal action that puts yourself legally at risk. It is another thing to advise someone else to do it without telling them they are taking a legal risk.
Thank you again for your thoughtful and informative comments. Here's where we are today:
Have had a very long care conference with facility. It seems that my dad has been having incidents, they have a log. But no one contacted our family. We are furious about this, have requested follow- up documentation. Some of the documents we requested for the care conf are still outstanding. It was very disappointing the facility seemed to be scrambling during our conf. However, what's important is that my dad's behavior has, in fact, been changing as his ALZHEIMER'S disease progresses. We are discussing having him evaluated at one of two hospitals in our city where there are robust geriatric psychiatry programs. I think this will happen soon. We actually are well- informed about this because we explored this option for my aunt, who has terrible dementia with behaviors, late last year.
Our complaints about some staff are being followed up on. We are going to move my dad's room to an area farther away from the common areas. This may reduce triggers for him, i.e. the two patients that constantly howl, the loud tv.
I did not contact Ombudsman; the website link to find a contact didn't work (?!). But the facility filed a notice with them of one of the incidents. They gave us a copy. Only problem is, the report states that patient family was notified. So the new facility director filed a false report based on what her staff told her, and they lied. So my sister POA filed a response to that report to set the record straight.
The medical staff had suggested to my sister POA several weeks back that they would like to try ativan gel and/or tabs as a prn intervention when dad is agitated. My sister denied that request, in writing, because the facility had not communicated with her in response to questions she had sent the md. She told them, in writing, that she will not approve until she hears from the md's office. At the time of our conf, she had not heard anything. But guess what, medical staff had in fact administered both ativan gel and tabs to my dad. Another furious response from us.
We are scheduled to meet again in three weeks, at which time facility is expected to be able to cross every t and dot every i.
I would consult an attorney in your state; explain the circumstances of the need to install a recording device. As the facility will undoubtedly claim they follow state guidelines and do all they can for their patients... An easy statement to make to cover liability, but not always true. I recall reading about a family who captured their loved one dying of breathing problems, with 2 "nurses" standing over him laughing as he feebly said he couldn't breath. They, the nurses, then lied on the written description of events and claimed they attempted to resuscitate. The recording of the event was then made known and turned over to the prosecutor. The case is still pending. As this is such a horrible situation and so easily applied anywhere, I would find out what your jurisdiction allows and do all you can to silent guard/monitor your loved one.
I am glad that you had a Care Conference with the facility and were able to voice your concerns and to make some changes regarding your Dad's care. I think that the room change is a good idea as noise can be a trigger for some Alzheimer's patients.
Has your Dad's behavior gotten worse or better since the Ativan was started? Sometimes Ativan causes an elderly person to become MORE agitated and MORE anxious instead of less agitated and anxious.
Is your Aunt related to your Dad? I am wondering if the Alzheimer's behavior problem is familial or hereditary?
Having your Dad evaluated at one of the geriatric psychiatry programs is a good idea as it will give you a educated evaluation by a "third party". Please let us know what their recommendations are for your Dad.
Has your Dad's behavior gotten worse or better since the Ativan was started? Sometimes Ativan causes an elderly person to become MORE agitated and anxious instead of less agitated and anxious.
Second: there is a hierarchy of rights involve here: Possibly (depending on state law) the right of aides to privacy as they work; the privacy of other residents who might be seen on the recorder; and the rights of residents to quality care, free of abuse and neglect. Every time, I would prioritize the rights of residents to good care, which means they feel valued, respected, physically and emotionally comfortable and safe. I venture that MsRandall may represent management in some capacity? If so she should be even more concerned to protect the rights of residents to be free from abuse, not to be neglected, to have person-centered care. CMS mandates all these things.
Please: if you think there is a reason to suspect that your family member is suffering in his/her care home, but in your presence the aides are angelic, do try to get evidence, one way or the other.
I do not represent management, I am retired elderly person (over70) Have never worked for a facility. I was a family nurse practitioner for 20 years and a law professor for 30 years. I taught American Health Care Law , criminal law and torts for the 30 years. My advice comes from the many people who I met/advised who ended up in trouble with the Law. From trying to dothe right thing,
My advice is firm -- Legally whether you can tape someoneone without consent depends on the laws of your state, If your state does not allow for taping without consent. You will need (at a minimum) the consent of the property owners (ie management) who can provide consent for taping their employees. However, they won't be able to consent to taping a roommate.
My caution is based on knowing the law and knowing how quickly people end up in legal trouble. It is one thing to take personal action that puts yourself legally at risk. It is another thing to advise someone else to do it without telling them they are taking a legal risk.
Who protects your love one if you go to jail?
Thank you again for your thoughtful and informative comments. Here's where we are today:
Have had a very long care conference with facility. It seems that my dad has been having incidents, they have a log. But no one contacted our family. We are furious about this, have requested follow- up documentation. Some of the documents we requested for the care conf are still outstanding. It was very disappointing the facility seemed to be scrambling during our conf. However, what's important is that my dad's behavior has, in fact, been changing as his ALZHEIMER'S disease progresses. We are discussing having him evaluated at one of two hospitals in our city where there are robust geriatric psychiatry programs. I think this will happen soon. We actually are well- informed about this because we explored this option for my aunt, who has terrible dementia with behaviors, late last year.
Our complaints about some staff are being followed up on. We are going to move my dad's room to an area farther away from the common areas. This may reduce triggers for him, i.e. the two patients that constantly howl, the loud tv.
I did not contact Ombudsman; the website link to find a contact didn't work (?!). But the facility filed a notice with them of one of the incidents. They gave us a copy. Only problem is, the report states that patient family was notified. So the new facility director filed a false report based on what her staff told her, and they lied. So my sister POA filed a response to that report to set the record straight.
The medical staff had suggested to my sister POA several weeks back that they would like to try ativan gel and/or tabs as a prn intervention when dad is agitated. My sister denied that request, in writing, because the facility had not communicated with her in response to questions she had sent the md. She told them, in writing, that she will not approve until she hears from the md's office. At the time of our conf, she had not heard anything. But guess what, medical staff had in fact administered both ativan gel and tabs to my dad. Another furious response from us.
We are scheduled to meet again in three weeks, at which time facility is expected to be able to cross every t and dot every i.
Breaking my heart every day..
I recall reading about a family who captured their loved one dying of breathing problems, with 2 "nurses" standing over him laughing as he feebly said he couldn't breath. They, the nurses, then lied on the written description of events and claimed they attempted to resuscitate. The recording of the event was then made known and turned over to the prosecutor. The case is still pending.
As this is such a horrible situation and so easily applied anywhere, I would find out what your jurisdiction allows and do all you can to silent guard/monitor your loved one.
Has your Dad's behavior gotten worse or better since the Ativan was started? Sometimes Ativan causes an elderly person to become MORE agitated and MORE anxious instead of less agitated and anxious.
Is your Aunt related to your Dad? I am wondering if the Alzheimer's behavior problem is familial or hereditary?
Having your Dad evaluated at one of the geriatric psychiatry programs is a good idea as it will give you a educated evaluation by a "third party". Please let us know what their recommendations are for your Dad.
Has your Dad's behavior gotten worse or better since the Ativan was started? Sometimes Ativan causes an elderly person to become MORE agitated and anxious instead of less agitated and anxious.