As the percentage of the U.S. population over the age of 65 increases rapidly, more and more focus will be placed on senior living, nursing homes, and long-term care facilities - and the conditions in them. Nursing home abuse and neglect is a very serious matter that impacts some of the most vulnerable among us. Thankfully, new technologies like web-enabled camera systems are poised to help families stay informed about their loved ones’ care, but these solutions require careful planning. A recent article in the New York Times intertwines personal horror stories of nursing homes with growing trends in assisted living state laws to examine why more families are making the decision to increase surveillance of their loved ones in these facilities.
Surveillance Camera State Laws & Guidelines on the Rise in Assisted Living Facilities
As of the end of 2024, almost twenty states, including Washington, have adopted bills and guidelines that permit families to set up cameras and monitor the care of their loved ones in elderly care facilities. Even with tough state laws, many nursing homes in the United States do not have sufficient care due to factors such as a shortage of labor, unenforced laws and regulations, and the lack of funds.
While the uptick in camera laws and guidelines in care facilities was initially due to families wanting to stay connected to their loved ones during COVID-19, elder rights activists are now advocating for cameras to be permitted in assisted living homes with the hopes of protecting vulnerable individuals from elder abuse. Elder advocates have even spoken against those opposing cameras in assisted-living facilities by stating that the people voting “no” on the bills do not care about the elderly population.
For the family of Jackie Hourigan, who was a widowed 82-year-old woman experiencing memory loss issues, installing a camera was a necessity when they discovered bruises on her arm. In 2011, the family set up a camera in the nursing home to monitor the quality of care Mrs. Hourigan was receiving. They discovered shocking evidence of elder abuse and neglect, including Mrs. Hourigan going hours without being changed, a nursing aide yelling and roughly handling her, and the nursing staff neglecting basic necessities such as food and water, resulting in her weight reducing to 94 pounds. With the video evidence, the family of Mrs. Hourigan was able to file a comprehensive police report and lawsuit against the nursing home, receiving justice for her while protecting other residents in the process.
Setting Up a Camera in Nursing Homes in Washington State
Under Washington Administrative Code (WAC) 388-78A-2690, cameras are allowed in nursing homes when meeting certain conditions, including:
- The resident (or legal representative) must consent to the use of video and audio monitoring
- Any roommate(s) must consent to being monitored
- You must notify the facility in writing in advance of setting up any surveillance system
Under WAC 388-78A-2690, the living facility is not allowed to discriminate against residents who request authorized monitoring by refusing admittance to the facility or discharging them. Keeping an eye on the treatment of your loved ones in nursing homes can bring reassurance that they are being cared for and not neglected. Unfortunately, nursing home abuse can still occur, and it is important to contact an experienced elder abuse attorney as soon as you can after an incident.
Personal Injury 101: Nursing Home Abuse and Neglect
Nursing Home Abuse and Neglect practice leader James Gooding has been in personal injury law for over three decades. He has successfully tried over a hundred cases, bringing his clients millions of dollars and justice. Passionate about ending elder abuse in nursing homes, James discusses some of the top questions about nursing home abuse and neglect in our PI 101 video series:
- What is nursing home abuse and neglect?
- What are the signs of nursing home abuse and neglect?
- What laws cover nursing home abuse and neglect?
- What should I do if I suspect nursing home abuse and neglect is occurring?
- Should I attempt to negotiate with the nursing home on my own?
- How long do I have to file a nursing home abuse or neglect lawsuit?
- What should I look for when hiring a personal injury lawyer for a nursing home abuse or neglect case?
Contact an Experienced Nursing Home Attorney Today!
If you believe that you or a family member has been neglected and mistreated by a nursing home or care facility, we recommend connecting with an experienced personal injury lawyer. GLP Attorneys has decades of experience supporting clients who have been neglected by nursing homes in Washington State, Idaho, Oregon, and Alaska. Please call us at 1 (800) 273-5005 for a free consultation or email James Gooding at .
