LEAVE THE ROOM
Visitors to nursing homes throughout New York State and Northern New Jersey have most likely encountered this directive: “We need you to leave the room now as we are going to attend to your loved one” or “You may not take any photos”. We obediently comply, lest we fear reprisal.
There are times to leave the room. Decorum is an obvious reason. This should not be standard practice.
You have a right to visit your loved one. You have a right to take pictures – whether of a happy or sad moment, conditions then and there existing, an injury such as a bedsore. For the most part, there is no legitimate reason why a picture cannot be taken.
The answer, as one might suspect, is easy – or perhaps not so easy to answer. Let’s delve into this a bit.
New York State and Northern New Jersey Nursing Home Law
Paramount to the rights and responsibilities of a nursing home to a resident is dignity and respect. A nursing home must do their utmost to respect the quality of life of every person in their charge. All practicable care is required by law and statute.
So, why are visitors directed to leave the room when their loved one is being attended to? Is it because the nursing home is maintaining the resident’s privacy? Is it because they are not changed or cleaned in accordance with the standard of care? Or is it possible, that the nursing home does not want the resident’s body to be observed?
Certainly, and without question, the resident has the right to have family/friends respect their privacy. Should the resident ask for, or even tacitly want, privacy it must be respected. What about the resident who is uncomfortable in asking for this? Perhaps they are embarrassed, don’t want to offend a visitor or staff, or cannot express themselves?
The answer, we submit, is surprising simple. Upon admission, and/or every time the residents’ Care Plan is revised, and a simple section for this question/answer. Every resident in a nursing home has a Health Care Proxy and/or Power of Attorney. That person makes decisions when their loved one cannot. It should be no different here.
Why is it that we are asked to leave the room?
Is there something not to be seen? Are they considered about possible legal accountability? We submit that the answer, regrettably, is more often “yes” as opposed to “no”. Why do we feel this way? For many reasons. For starters, when a resident does have a bedsore for example, every facility that we know of has a “no photography policy”. They will do their utmost to prevent you from taking photographs of the affected area.
We certainly understand the challenges that staff face daily in caring for residents. But this does not entitle the nursing home administrators to a free pass. Hire, train, and pay staff.
While the industry will punch back with arguments about privacy and dignity, the undeniable fact remains that there is no prohibition to family/friends remaining in the resident’s room during these situations.
New York State and Northern New Jersey Nursing Home Advocates
If you or someone you know is injured, please consider contacting Adams Law Firm, P.C. We have a successfully advocated on behalf of those injured due to harm, abuse and neglect throughout New York State and Northern New Jersey. There is no legal fee until we are successful.
Should you have any question, please contact us toll free at 888 MY 911 LAW (888.699.1152), or by email through our contact form here.
Thank you.
