Use a hidden video camera to prevent nursing home abuse
Texas law allows patients the right to use video to monitor their rooms
“Trust, but verify.” That is how President Ronald Reagan described his policy on the Soviet Union.
That philosophy is also dead-on when it comes to entrusting a loved one to a nursing home or assisted living facility in Texas.
According to the nonprofit organization Families for Better Care, Texas earned an “F” grade and is among the worst states for the quality of nursing home care. Texas is known for its lax regulation of nursing homes and assisted care facilities. Even when the state government finds violations, the average fine is just $7,000.
Are you comfortable in trusting a nursing home or assisted living facility to take care of your loved when it is operating in a state with that record?
There is some good news, though. Texas law allows patients and their families to take a “trust, but verify” approach that can go a long way toward curbing poor or absent care, and even outright abuse.
Section 19.422 of the Texas Nursing Facility Requirements for Licensure and Medicaid Certification Handbook requires nursing home and assisted living facilities to allow every patient (or legal representative) to monitor the patient’s room with a video camera. Facility administrators or health care providers cannot retaliate against the patient by refusing admission or discharging a patient who requests video monitoring.
If you or someone you care for has been admitted to a nursing home or assisted living facility in Texas, I urge the patient or legal representative to notify the facility administrators you are taking advantage of the legal right to video monitoring of the patient room.
Sadly, there are more and more cases where patients are being neglected and abused. This happens all over Texas, from Dallas to San Antonio, from Houston to Austin. And while the Texas regulatory authorities require a facilities to follow a “bill of rights,” in reality the care is often lacking.
If you or someone you love has been harmed by poor nursing home care, contact the Texas nursing home lawyers at Painter Law Firm, at 281-580-8800, for a free evaluation of your case.
Robert Painter is a medical malpractice lawyer at Painter Law Firm PLLC.
A physician has to supervise the care and prescriptions of nurse practitioners and physician assistants under written, signed agreements [...]read more
On 4/1/2018, the new law will end the current practice where doctors can secretly enter a DNR order against patient and family wishes [...]read more
A physician has to supervise the care and prescriptions of nurse practitioners and physician assistants under written, signed agreements
On 4/1/2018, the new law will end the current practice where doctors can secretly enter a DNR order against patient and family wishes
This article was originally published in the September/October 2017 edition of "The Houston Lawyer" magazine
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