Asked in Elder Law and Nursing Home Abuse for Florida

Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.

We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise?

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1 Lawyer Answer
Michael  Mayoral
PREMIUM
Michael Mayoral
Answered
  • Coral Gables, FL
  • Licensed in Florida

A: I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the "Resident bill of rights" under Florida Statute 429.28:

"(1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to:

(a) Live in a safe and decent living environment, free from abuse and neglect.

(b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy."

The resident can sue for a violation of these rights.

You can also report the facility to the Florida Agency for Health Care Administration: to file a health care facility complaint, call (888) 419-3456 / (800) 955-8771.

Contact an attorney!!!

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