Surveillance and Monitoring in Nursing Homes: Gathering Evidence for Neglect or Abuse Cases
November 17, 2025
When a loved one lives in a nursing home, you trust the facility to provide safe and compassionate care. Unfortunately, some facilities fall short — leading to neglect, abuse, or other forms of mistreatment.
In these cases, surveillance and monitoring can play a critical role in uncovering what really happened. From hidden cameras to facility-owned security footage and detailed visitor documentation, these forms of evidence often determine whether a case succeeds.
At LFK Law Practice, P.C., we help families gather, preserve, and lawfully use surveillance evidence to hold negligent facilities accountable.
1. Hidden Camera Evidence: Legal Considerations
Hidden cameras — sometimes called “granny cams” — have become more common in nursing homes, often placed by family members who suspect neglect or abuse.
However, laws on hidden cameras vary by state, and installing one without proper notice or consent could violate privacy or wiretapping laws.
In general:
- Residents (or their legal guardians) must consent to being recorded.
- Recording roommates or staff without their knowledge may require additional consent.
- Facilities may have internal policies that limit or prohibit hidden devices.
Families who suspect abuse should consult an attorney before installing any recording equipment to ensure compliance with state and federal privacy laws.
When used legally, hidden camera footage can provide powerful, direct evidence of neglect — such as missed care, rough handling, or emotional abuse — that might otherwise go unreported.
👉 See Minnesota Statutes §144.6502 for an example of state laws on nursing home monitoring.
👉 Refer to CMS Memo S&C 16-33-NH on protecting resident privacy and preventing abuse through recordings.
2. Facility Surveillance Footage
Most nursing homes have surveillance systems in common areas such as hallways, dining rooms, and entrances. This footage can be essential for proving:
- Unexplained falls or injuries
- Delays in staff response time
- Unauthorized access to a resident’s room
- Patterns of neglect in shared spaces
Facilities typically retain footage for a limited period (often 30–90 days). It’s important to request copies of relevant video immediately after an incident.
An attorney can help issue a preservation or spoliation letter, formally instructing the facility to retain recordings and prevent deletion.
👉 Federal standards under 42 C.F.R. §§483.10 & 483.12 require nursing homes to maintain resident privacy, dignity, and protection from abuse.
3. Documented Visits and Observations
In addition to video evidence, consistent documentation by family members can be invaluable. Maintain a written or digital log that includes:
- Dates and times of visits
- Staff interactions and their names
- Notable changes in the resident’s condition
- Cleanliness, hygiene, and environment observations
This record helps establish a timeline of care and neglect patterns, supporting other forms of evidence like medical reports or witness statements.
👉 Federal resident rights under 42 C.F.R. §483.10(f) guarantee visitation and communication between residents and family.
4. Witness Testimony from Family and Staff
Eyewitness accounts often confirm what video or documents suggest. Testimony from:
- Family members, who observed changes in mood, appearance, or health.
- Other residents, who may have witnessed mistreatment.
- Former or current staff, who can describe working conditions or improper practices.
Witness statements add context to physical and video evidence, showing how neglect occurred and how it affected the resident.
👉 Facilities are required to protect residents from retaliation and promote open communication under 42 C.F.R. §483.12(c).
Protecting Your Loved One’s Rights
Surveillance and monitoring are only part of a successful nursing home case. The key is ensuring that all evidence is legally obtained, preserved, and presented effectively.
At LFK Law Practice, P.C., we assist families in:
- Identifying lawful ways to gather evidence
- Requesting and preserving facility video footage
- Collecting and organizing witness statements
- Building a strong claim for compensation and accountability
If you suspect nursing home neglect or abuse, contact LFK Law Practice, P.C. today. Our team will review your situation and help you take the right steps to protect your loved one’s safety and dignity.
Frequently Asked Questions About Nursing Home Surveillance
Can I legally install a hidden camera in a nursing home room?
It depends on your state’s laws. In many states, a resident (or their legal guardian) can consent to video recording in their room, but recording a roommate or staff without their consent may violate privacy or wiretap laws.
👉 See Minnesota Statutes §144.6502 and Texas Health & Safety Code §242.843 for examples of “granny cam” regulations.
How long do nursing homes keep their security footage?
Most facilities retain video footage for 30 to 90 days, depending on their internal policies and state requirements. Once that period passes, footage may be automatically deleted.
To prevent this, an attorney can send a preservation request (also called a spoliation letter) to require the facility to save the footage.
👉 Learn more about recordkeeping expectations under 42 C.F.R. §483.12.
What if the facility refuses to share the footage?
Facilities may deny access to surveillance videos citing privacy or security concerns. However, in an investigation or legal claim, your attorney can request footage through discovery or subpoena.
👉 The Centers for Medicare & Medicaid Services (CMS) requires facilities to cooperate with lawful investigations and protect residents’ rights.
What should I document during visits?
Keep a written or digital log after each visit, including:
- The date and time
- The resident’s physical and emotional condition
- Names of staff on duty
- Environmental details (cleanliness, odors, call button response time)
- This documentation helps establish a pattern of care or neglect and can support your claim later.
👉 Reference resident visitation rights under 42 C.F.R. §483.10(f).
Can witness testimony make a difference?
Absolutely. Statements from family members, other residents, and current or former staff can corroborate video and document-based evidence. Consistent testimony can strengthen a claim of neglect or abuse.
👉 Facilities are legally required to protect residents and staff from retaliation for reporting concerns under 42 C.F.R. §483.12(c).
What should I do if I suspect neglect or abuse?
If you suspect abuse:
- Ensure the resident is safe.
- Document observations and conversations.
- Report to your state’s Long-Term Care Ombudsman Program.
- Contact an attorney experienced in elder care or nursing home abuse cases.
👉 Find your local ombudsman through the Administration for Community Living (ACL).
