A recent report (Caya 2014) quoted Attorney General Eric T. Schneiderman: “Nursing home residents are among our state’s most vulnerable citizens, and the perpetual neglect in this case is shameful”, whose comment pertained to 8 nurses and 9 certified nursing assistants who were sacked following a New York state investigation that showed neglect of duty and making false records.
The investigation used hidden cameras to show that a highly dependent 56-year-old male resident, who suffered from Huntington’s chorea, was not routinely given pain medication, liquids, and incontinence care at Highpointe on Michigan Health Care Facility, with charts and nursing notes routinely claiming he had.
The 17 accused appeared at Buffalo City Court, facing various charges of willful violation of health law, endangering the welfare of an incompetent or physically disabled person, and falsifying business records. Endangering this patient is a charge which is a felony and carries a maximum prison term of four years.
Schneiderman commented: “The charges filed send the message that my office will not tolerate anyone being neglected by those responsible for his or her care. We will use every tool in our arsenal, including hidden cameras, to ensure that nursing home residents receive the care they need and the respect they deserve.” (ibid.). This follows the New York authorities arresting 22 people in 2010 after hidden cameras revealed maltreatment of patients in two facilities (NursingHomeNews 2010).
The use of hidden cameras to record instances of poor nursing care has been a constant theme in the American press. Jan Hoffman (2013) reported a hidden camera catching a nursing assistant stuffing latex gloves into the mouth of a ninety six year old patient, as another taunted her and tapped her on the head. Once thrown on a bed, one of the nursing assistants assaulted her with heavy-handed chest compressions. Their treatment was accompanied by laughter.
Jeremy Pelzer (2013) reported that in Ohio new legislation would enable nursing home patients the right to install hidden cameras in their rooms. Cameras can be installed by relatives, the only requirement being consent. States such as Ohio and New York are single consent jurisdictions, so if a patient or their legal representative consents to the use of a camera, no other consent is needed. A prosecutor can install a hidden camera without a court order or subpoena. The nursing home or hospital need not be told about the surveillance camera. Other States are expected to follow this trend.
The laws in other States may vary. Many nursing homes have installed cameras in common areas and hallways, but they cannot install them in the patients’rooms. In the case of patients with enough mental faculty to make an informed decision, courts may act to prosecute a relative for invasion of privacy if they install a camera unbeknown to the patient. Nursing facilities in some States may instigate legal proceeding against those installing cameras clandestinely. They may use ant-surveillance detectors. They may ask patient to leave a nursing facility if cameras are discovered. Patients or their representatives on admission to a nursing facility may be asked to sign an agreement not to use a surveillance camera.
The power of business interest to block the use of cameras in nursing homes is evidenced by the vote in the Senate Medical Affairs Committee concerning the right of families to install cameras in South Carolina’s nursing homes. The committee was evenly divided , with a 7-7 vote, meaning that it will not progress. Adcox (2014) quoted the sponsor of the bill, Sen. Paul Thurmond, “This is really about empowering an individual who’s in a nursing home. The older generation is fraught with neglect and abuse.” They also quoted committee member Sen. Brad Hutto, who commented on the opposition of the nursing home industry to the bill: “They are concerned this is a ploy to catch them doing bad things to patients. That’s not what this is about. This is empowering families to take care of loved ones.” He added, “Generally, people with cameras on them behave better.”
Abuse recorded by hidden cameras is not confined to the elderly: A Canadian report (www.seniorsatrisk.org, November 20, 2012) commented on the case of a teenage girl who was bound and hooded, and was forcibly injected by nursing staff with an antipsychotic drug, despite the fact that she appeared calm. This girl had entered the world of prison nursing for the at the age of 14 for throwing crab apples at a postman. She subsequently killed herself. The footage of the injection was the subject of court action by the Canadian government, which sought to block it. The same report states: ‘In Canada, mandatory video surveillance in prisons is designed to protect both inmates and staff. However, elderly citizens in Canadian hospitals and nursing homes have no such protection. Instead, unlike the U.S., Canadian governments and courts vigorously prohibit video surveillance inside the hospital and nursing home rooms of elderly people’. The report claims that criminal charges and convictions have ‘increased substantially’ in States like New York since they licensed the use of hidden cameras.
The situation in Canada was also commented on in a CTV report (Leung 2013) which highlighted the case of a hidden camera in a Toronto nursing facility recording an elderly resident being roughly manhandled as her incontinence pad was changed, having a soiled wipe shoved into her face; an employee wiping his nose on her bed sheets; employees having sex in her room as she lay in bed. Four employees were sacked, but did not face any legal charge.
Abuse of patients has been caught on hidden cameras in the UK. David Brindle ( 2011) reported, ‘Inspectors have been called in to private hospitals that care for people with learning disabilities after exposure of a regime of shocking abuse by staff at a unit run by one of Britain’s leading care companies’. Another report (theguardian.com, April 23, 2012) gave details of footage of an Alzheimer’s patient being repeatedly beaten in a care home, which was later screened on TV. Helen Nugent ( 2012) reported an 89-year-old woman who was suffering from dementia being dragged across her bedroom floor, as she scream in pain, and was then threatened with violence.
Such abuse is the UK is not as isolated as some reassuringly make out. As in America, there has been a constant flow of reports of abuse, which begs the question, how much more abuse would be discovered by using hidden cameras? Exactly what lies under the ‘tip of the iceberg’?
The continuous reporting of abuse in American care facilities led to the passing of the Elder Justice Act (EJA) in 2010, which established mandatory reporting requirements for those suspecting abuse in long-term care facilities (EJA, Funding for training and certification, 42 USC, sec. 1397, 2010). All employees are required to report reasonable suspicion of abuse to the Secretary of Health and Human Services and law enforcement agencies Failure to report can result in harsh financial penalties of up to $300,000.
The need for a debate on the use of hidden cameras in nursing homes was made by the Care Quality Commission (CQC) in its document A Fresh Start for the Regulation and Inspection of Adult Social Care (2013), which states: “We would … like to have an open conversation with people about the use of mystery shoppers and hidden cameras, and whether they would contribute to promoting a culture of safety and quality.” This produced a similar reaction from the care home industry as it had in America, with claims of patients’ privacy and staff moral being under threat. These claims are seen as a ‘red herring’ by some in America, with the care home industry more “concerned this is a ploy to catch them doing bad things to patients” ( Adcox 2014 ), i.e. employing too few and inadequately trained staff.
The issue of patients’ privacy is addressed in certain American State legislation (Ohio etc.) by linking it to consent to use hidden cameras, by the patient or their representative. If the patient has requested the use of an hidden camera, or one that is marked by a notice on their door, then all that can be objected to is their choice to do so. If a relative makes this choice, what can be questioned is their right to make a choice based on a knowledge of the patient and their likely wishes. What can not be objected to is a person’s right to make an informed choice, even though that choice may be anathema to others. That is, people should have the same right in most instances to not have a camera in their room as others do to have one. The qualification in most instances seems an important one where abuse is suspected, but can only be proved by a hidden camera. In this instance, should authorities have the duty to override the wishes of a patient’s relative?
To the charge that cameras, whether hidden or otherwise, lower staff moral, should it not be asked, which staff? If nursing staff do their job, and do it with a caring manner, what have they to fear? Your every step along the High Street or shopping mall is recorded, which will trigger a response if you mug someone. Your right to privacy is being infringed, yes, but the general right of people to be protected from mugging is enhanced. Would some staff, too intimidated to report abuse, welcome the use of cameras that would instantly stop that abuse? Would some staff welcome cameras that showed the good care they gave?
Ethical issues surrounding the use of cameras in nursing facilities have previously been debated, the BBC reporting: ‘The use of hidden cameras in hospitals to spot child abuse by parents is legal and ethical, says a report. The technique was used most controversially at North Staffordshire Hospital where researchers suggested some cot deaths were the result of child abuse. A specialist advisory committee in paediatrics was set up as a result and raised reservations and objections concerning the procedure, which is only used when abuse is suspected. But another study, published in the Archives of Disease in Childhood, the journal of the Royal College of Paediatrics and Child Health (RCPaed), says hidden cameras, monitored by nurses or other health staff, should continue “in the absence of any viable alternative”. The research, conducted by Dr Neela Shabde, one of the doctors on the advisory committee, and Professor Alan Craft, a vice president of the RCPaed, says medical staff have a legal duty under the Children Act 1989 to intervene to protect the best interests of the child (http://news.bbc.co.uk, September 29, 1999).
If it was deemed that hidden cameras had a role in protecting a child from an abusive parent under the Children Act of 1989, then why do they not have a similar role today in protecting such as the elderly from an abusive or neglectful nurse or nursing assistant?
The whole issue is a contentious one. Who would review camera and audio footage? What guidelines would be issued that defined abusive or neglectful care? What rights would there be to appeal?
I suggest that the debate about the use of cameras should be extended to include NHS and private hospitals, local authority and private homes for the elderly, and those with learning disabilities. It should also be extended to all those who work in these facilities, nurses, nurse students, and assistants. The debate should not be between committee members, or be dominated by those with the loudest ‘voice’. It should be a debate in which opinions are sought, discussed, and form the basis of action. The following questionnaire is suggested as a means of initiating this process.
Answer yes or no:
Hidden cameras should be used in care facilities.
Patients in care facilities are abused and there should be camera to catch the offenders.
No one should get paid to abuse our older citizens who deserve respect for their contributions to society.
Serious physical abusers should be fired and reported to the police.
Hidden cameras should not be allowed in care facilities.
Elderly patients are humans that have rights to privacy.
It is morally wrong to constantly watch the elderly in care facilities without their prior consent or their knowledge.
Neglectful or disrespectful abusers should be suspended and reported to the NMC.
Do people with cameras on them behave better?
Would cameras show low levels of staffing hindering care?
Should patients the right to install hidden cameras in their rooms?
Should relatives have the right to install hidden cameras in rooms?
Should relatives have the right to install cameras if a notice of this is displayed on the door?
Should care facility managers have the right to install hidden cameras in rooms?
Should all people have to declare in the National Census if they would like cameras in their care facility rooms?
Should cameras be installed in common areas in care facilities, such as hallways and nursing stations?
Should it be compulsory for nursing staff to report abuse or suspected abuse?
Should there be severe penalties for those who do not?
Have you witnessed nursing staff not giving care, but writing in notes that they had?
Do you think this is a common practice?
If a camera is installed, should it have an audio capability?
Should cameras be mandatory in all areas of care facilities?
Should cameras be mandatory in all areas of care facilities, allowing patients or their relatives to opt out?
Would nursing staff who did their job, and in a caring manner, have anything to fear from cameras?
Would cameras show nursing staff to be hard working and caring?
Would cameras protect ‘good’ staff from more dominant ‘bad’ ones?
Would cameras increase the public’s confidence in nursing?
Lenin nightingale 2014 c
Adcox S (2014) Effort To Allow Cameras in SC Nursing Homes Stalls The Washington Times 20.3 http://www.washingtontimes.com/news/2014/mar/20/effort-to-allow-cameras-in-sc-nursing-homes-stalls/?page=all
BBC (1999) Experts Back Hidden Abuse Cameras http://news.bbc.co.uk/1/hi/health/460206.stm
Brindle D (2011) Abuse At Leading Care Home Leads To Police Inspections At Private Hospitals The Guardian 1.6
Caya C (2014) Hidden Cameras Used To Catch Alleged Nursing Home Neglect 25.4 news.wbfo.org http://news.wbfo.org/post/hidden-camera-used-catch-alleged-nursing-home-neglect
Hoffman J (2014) Watchful Eye in Nursing Homes New York Times 18.11
Nugent H (2012) Care Home Worker Jailed For Abuse of 89 –Year- Old Caught on Hidden Camera The Guardian 29.8
Twenty-Two Arrested in Hidden Camera Nursing Home Probe
Staff at two New York nursing homes charged with abuse and neglect
04/01/2010 | ConsumerAffairs http://www.consumeraffairs.com/nursing-home-news
Leung M (2013) Nursing Home Workers Suspended After Son Turns Over Hidden Camera Video CTVNews http://www.ctvnews.ca/canada/nursing-home-workers-suspended-after-son-turns-over-hidden-camera-video-1.1288544
Pelzer (2013) New Legislation Would Guarantee the Right of Nursing home Patients To Set Up Hidden Cameras http://www.cleveland.com/open/index.ssf/2013/10/new_legislation_would_guarante.html 29.10
Seniorsatrisk. (2012) Videos Show Nursing Staff Abusing Defenceless Patients http://www.seniorsatrisk.org/2012/11/videos-show-nursing-staff-assaulting-defenceless-patients/
The Guardian (2012) Hidden Footage of Elderly Abuse To Be Shown in BBC Documentary 23.4