Upon admittance into a nursing home facility, a resident and/or their designated representative should be notified of what their rights are and what type of care they can expect to receive while living there. Now, nursing home residents have many rights all of which should be reviewed, but one in particular that needs some attention as it is often violated is their “right to personal privacy of not only his/her own physical body, but also of his/her personal space, including accommodations and personal care” [Source: Centers for Medicare & Medicaid Services(CMS)]. That means that nursing home staff cannot take “photographs or recordings of a resident and/or his/her private space without the resident’s, or designated representative’s, written consent [as it] is a violation of the resident’s right to privacy and confidentiality.”
Some examples the Centers for Medicare & Medicaid Services highlights that would constitute as a violation of a resident’s privacy include staff taking unauthorized photos of:
- A resident’s room or furnishings (which may or may not include the resident).
- A resident eating in the dining area.
- A resident participating in an activity in the common area.
Aside from taking photos without receiving consent to do so, nursing home staff must also not post any photos and/or videos on social media or send them to anyone as it too is considered a violation of the resident’s rights.
CMS goes on to explain that nursing homes are also required to “establish an environment that is as homelike as possible and includes a culture and environment that treats each resident with respect and dignity.” Anytime a resident is treated in a manner that “does not uphold a resident’s sense of self-worth and individuality dehumanizes the resident and creates an environment that perpetuates a disrespectful and/or potentially abusive attitude towards the resident(s).” An example of what would constitute as nursing home staff violating a resident’s right to privacy is presented below and involves a 76-year-old man who goes by the name of Reggie.
According to NBC Chicago, a video was uploaded to Facebook by staff at Holland Home in 2018 showing several female staff members telling a resident who suffers from dementia to pull his pants down and expose himself. As Reggie began to follow the directions that were given to him, the woman can be heard and seen laughing at him. A former employee saw the video online and showed it to the resident’s family members. They took swift and immediate action and filed a lawsuit against the facility. Not only were the women seen in the video “maliciously abusing Reggie through their remorseless taunts, mockery, and lewd suggestions,” states the lawsuit, but he was “bullied and demoralized in a disgusting and demeaning way,” says the family’s attorney.
Anytime one or more of a nursing home resident’s rights are violated, the family of that individual is urged to come forward and consult with an Atlanta, GA nursing home abuse attorney. The fact is, these facilities and the staff members they employ are supposed to be providing your loved one with the care, attention, and respect they deserve. Many individuals dread having to go and live in a nursing home but given their circumstances have no other choice but to do so. And when they do, they shouldn’t have to live a life filled with abuse or neglect nor should they be made a mockery of for the public eye.
With that said, if your loved one was mistreated or one of their rights were violated and they live in Atlanta, contact USAttorneys.com and allow us to place you in touch with some of the best nursing home abuse and neglect lawyers in Atlanta, GA. Not only can they help you get your loved one relocated, but they can also aid you in obtaining the justice you both deserve.