Q: Nursing home camera liability waiver implications in Ohio?
My mom is in a nursing home as a high-risk fall patient, and they've changed their rules regarding cameras in rooms. We were given a Release of Liability/Indemnification form to sign, which states that the facility is released from liability for all claims related to privacy violations from the camera and that we agree to indemnify the facility for any related damages, costs, and expenses. After my mom recently fell, resulting in injuries, we installed the camera to monitor her safety. We're also required to purchase our own WiFi by May 4th to use the camera. Can you explain what signing this form means for us, especially concerning liability and privacy, and what might happen if we refuse to sign?
A:
The form release and indemnification essentially requires you to release the nursing home from any and all claims that may be brought against the nursing home resulting from the installation of the camera. Your mother may have an expectation of privacy within the nursing home room. If your mother has a roommate, then the roommate may have an expectation of privacy. Signing the form states that you are releasing the nursing home from any liability and if someone brings a claim as a result of the camera, then you will provide a defense to the nursing home and pay any damages that may be awarded against the nursing home.
The required wifi may also have privacy implications and therefore you should use a wifi that is passsword protected with a two-step verification process. This will ensure that only you are able to access the wifi.
If your mother is competent and not suffering from anything that would impair her thinking abilities, then you can have your mother sign a document stating that she knowingly and voluntarily allowed you to install the camera.
If your mother has a guardian appointed by the Court, then you should have the guardian move the Court to allow funds to be spent for the installation of the camera and allowing the guardian to execute the release and indemnification agreement.
The nursing home is more than likely simply being overly cautious to prevent any future unexpected liability from arising.
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