Can I Use a Hidden Camera in a Texas Nursing Home?

Can I Use a Hidden Camera in a Texas Nursing Home?

With Americans living longer than ever before, we’re dealing with age-related issues, such as chronic health conditions, cognitive impairments, mental illness, a higher risk of physical injury, malnutrition, and sensory impairments more than we did in generations past.

“There are many factors that impact the life expectancy of people and individuals. War, disease, genetics, diet, lifestyle, gender, and health are a few of those,” according to seniorliving.org.

One thing we know for sure: Our chances of living well into our 70s, 80s, and beyond is higher than it was in our parents’ generation. For families of elderly adults, this means it can be a lot harder to care for an aging parent or grandparent.

Every year, millions of families decide to place their loved ones in a nursing home. This can be very difficult to do, especially when all you have to do is search “nursing home abuse” on YouTube and all kinds of hidden camera footage will come up in your search results.

Of course, hidden cameras bring up legal issues. Can the footage be used as evidence to charge the caregivers with a crime? Can the footage be used to file a personal injury lawsuit against the nursing home? Read on as we shed light on this subject.

Are Hidden Granny Cams Legal in Texas?

Does Texas have a law specifically addressing the use of hidden granny cams in nursing homes? According to the National Law Review, “Note that at least five states (Illinois, New Mexico, Oklahoma, Texas, and Washington) have laws specifically addressing the use of cameras in this context.” Here in Texas, you can use them but you have to follow the rules before you install a “granny cam,” which include:

  • You need to obtain the nursing home’s permission so the resident or their guardian will be monitoring their room with an electronic monitoring device. But, they cannot deny you if your make a proper request.
  • The request for a granny cam will have to be made by filling out a required form from the state.
  • If there is another resident in the room, he or she will have to consent in writing.
  • The resident or their guardian will need to pay for the costs of the electronic monitoring device.
  • The nursing home will require you to post a notice at the entrance of the resident’s room about the electric monitoring device.

If you suspect that your loved one is being abused and you wish to install a camera, we urge you to contact our firm for legal advice. If the granny cam is installed incorrectly, the footage may not be admissible as evidence in a personal injury or criminal case. To learn more, contact our nursing home abuse attorneys today.

Related: What is Nursing Home Abuse?

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