On December 21st, The Washington Post reported on a new type of elder abuse in nursing homes that involves posting pictures and videos of residents on social media networks without their permission–violating the residents’ privacy rights and a host of other laws. Some of these photos and videos have also managed to capture actual, physical abuse that the nursing home staffer taking the video was guilty of.
Perhaps what is most alarming about the issue is just how prevalent these incidents seem to be; it’s so prevalent, in fact, that several state attorneys general have had to prosecute cases and secure guilty pleas for counts of elder abuse and invasion of privacy.
A Lack of Policies in Place To Prevent Elder Abuse in Nursing Homes
Mysteriously, the Office for Civil Rights in the Department of Health and Human Services has not yet penalized any facility for violations, or even released recommendations to providers on how to address these types of abuse in nursing homes. However, the U.S. Centers for Medicare and Medicaid Services have cited particular facilities for privacy violations and are now issuing new rules related to the definition of “sexual abuse,” “exploitation, and “neglect.”
Still, social media sites like Snapchat should have stronger policies in place preventing this kind of elder abuse in nursing homes Not only do they violate privacy laws, but also the Health Insurance Portability and Accountability Act, carrying civil and criminal penalties.
Perhaps most importantly, how can those who run these facilities ensure that residents are properly protected from this new elderly abuse in nursing homes? For one, they can institute strict cell phone and social media policies (in addition to firing and reporting to authorities anyone found guilty of this kind of behavior). However, these incidents still go under-reported, likely because many victims suffer from dementia and do not realize or remember what has happened to them. It can also be difficult to enforce cell phone bans for nursing home staffers.
Louisiana Is No Stranger to Nursing Home Abuse
Sadly, for various reasons, Louisiana has been ranked as the second worst state in the U.S. in terms of nursing home quality of care, including a lack of registered nurses, very little one-on-one care, and extremely low standards. Other than all of the various physical ailments that many nursing residents experience due to negligence, this social media-related abuse has also taken place (in addition to financial exploitation).
Let Our Personal Injury Lawyers Assist You Today
If you are concerned that you or a loved one has been taken advantage of or experienced abuse and neglect in nursing homes, get in touch with your state office of elderly affairs. You may also want to discuss potential claims with an experienced attorney to ensure that you and your family member(s) are properly protected in moving forward and that the nursing home takes the issue seriously. Contact the attorneys at Harrell & Nowak today for a free consultation on this issue and let us help you.