Nursing Home Resident Abuse Shared Via Social Media May Go Unpunished
Jeffrey A. Pitman · July 18, 2016
Jeffrey A. Pitman
partner
Cases of nursing home caretakers who share images and video of their actions through social media channels are being reported at alarming rates – the problem is, sharing this media may not be illegal.
A recent case of nursing home abuse by an Iowa caretaker who shared a disparaging image of a resident via social media app Snapchat led to the caregiver’s firing. During the investigation, state health officials determined that the act of sharing the image online was not illegal, which means the woman remains eligible to work in other nursing home facilities in Iowa.
If someone you love has been abused by nursing home caregivers in any way, your family may be entitled to compensation. The Milwaukee nursing home abuse attorneys of Pitman, Kalkhoff, Sicula & Dentice will review your claim at no cost to you and inform you of your legal options.
The Iowa law intended to protect nursing home residents from abuse is outdated, according to critics. With its last revision occurring in 2008, it has not been updated to encompass infractions involving today’s social media apps.
Government officials as well as nursing home administrators are struggling to identify cases of abuse documented on social media. These incidents are often unreported, as residents do not have their own social media accounts in which to uncover such photos and file complaints. Most incidents have been reported by other workers.
Across the country, state and local prosecutors have been aggressively pursuing such cases under elder abuse laws, as well as those prohibiting sexual exploitation and indecency. Posting photos of nursing home residents on social media may also be considered an invasion of privacy, though the U.S. Department of Health and Human Services has yet to act in such cases to enforce the HIPAA federal patient privacy law.
Although there are still no specific laws banning the use of social media by nursing home employees, last month, the American Health Care Association released a training kit that included recommendations for employee policies regarding the use of social media while at work. The kit is an important step in helping prevent this type of abuse of innocent nursing home residents.
If you or a loved one has been seriously injured, please fill out the form below or call us at (414) 333-3333.
No obligation. Available 24/7
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
Key Takeaways Wisconsin nursing home negligence claims may include compensation for medical expenses, pain and suffering, and other documented losses. Settlement value depends on...
Key Takeaways Elder abuse includes physical, emotional, sexual, and financial harm, as well as neglect of vulnerable older adults in care facilities. Medical records,...
Key Takeaways Wisconsin law requires nursing homes to administer medications and treatments exactly as ordered by an authorized prescriber. Not every deviation from a...
About Us
PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
Areas We Serve
PKSD proudly serves clients throughout the state of Wisconsin. We represent individuals and families in Milwaukee, Madison, Green Bay, Appleton, Eau Claire, Wausau, and surrounding areas. No matter where you are located, our team is ready to help.
We’re Available 24/7 to Schedule Your Free Consultation