Can a family member of a nursing home resident who is in a private room and in a persistent vegitative state, video record in patients room without the nursing staff’s knowledge?

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Can a family member of a nursing home resident who is in a private room and in a persistent vegitative state, video record in patients room without the nursing staff’s knowledge?

Asked on June 22, 2019 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the family member may not, because even though it is a private room, the patient--let alone the family member--does not have possessiona and control over the room; the nursing home does. This is not like a private apartment, where the tenant controls who comes and goes; the patient and his/her family member exercise NO control over who may enter. Since that control is in the hands of the nursing home, not the patient or his/her family, the patient and his/her family cannot set up a video camera in the room: you cannot record in private property controlled by another without that person's consent.


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