Elder Abuse Law Passes In Ohio. Esther’s Law (Senate Bill 58) Goes Into Effect
Ohio Senate Passes New Bill Permitting Family Members To Install Cameras In Effort To Catch Elder Abuse
In March of 2022, the Ohio Senate passed Bill 58. This bill permits family members to install cameras in nursing room homes in order to protect the welfare of their loved one. The name of this law is Esther’s Law, and it came about after 10 years of advocacy by Steve Piskor, an Ohio man who has fought tirelessly for this right to be given to families. Piskor’s mother, Esther Piskor had dementia, and was living in a nursing home in Cleveland. Due to her condition she couldn’t tell Steve what was going on, however he suspected that she wasn’t getting appropriate care. Wanting to monitor what was happening when he wasn’t there, he installed a hidden camera in her room.
Unfortunately, the camera confirmed his suspicions. He observed a great many incidents of elder abuse. Esther’s basic needs were not being tended to. She was verbally abused by aides, handled roughly, had liquids sprayed in her face, and had her face shoved into a pillow, among other things. Of course without Esther being able to confirm what had happened to her, the nursing home denied that any abuse had occurred. Steve was able to show them first-hand the evidence he had on his hidden camera. As a result the facility was sued for negligence and the aide who was responsible for these horrible things ended up being sentenced to 10 years in prison.
One in Four Elderly Residents In nursing homes Are Victims Of Abuse
Unfortunately what happened to Esther is not unusual. In fact 1 in 4 elderly residents in nursing homes are victims of abuse. The National Council on Aging believes that roughly 1 in every 24 cases of elder abuse are actually reported . A study in 2020 by the World Health Organization reported that 66% of staff members in nursing home facilities have admitted to abusing elderly residents. Family members, or residents are often reluctant to confront authorities out of fear of retaliation by those who are caring for the resident.
They are fearful of receiving worse treatment. Elder abuse happens in nursing homes for a variety of reasons, but among them is that employees are not screened well by many of these homes. Aides typically are hard to hire and not well paid, and facilities often go after low-cost labor. The aides may feel not appreciated and underpaid, and are therefore not overly motivated to provide high levels of care to their patients. Often nursing homes face staff shortages, and when that happens certain duties get neglected and inadequate care becomes even more of an issue.Installing cameras in a patient’s nursing home room is an effective way for families to monitor what is happening. Even if the footage is not watched regularly, if the aides are aware that the camera is there, and they know they are being watched, it is more likely that the resident will receive better care.
Contact Your Local Adult Protective Services If You Susoect Elder Abuse
Many states are reluctant to allow cameras in the rooms citing violating the privacy rights of the nursing home staff. Nursing home owners argue that allowing cameras violates privacy rights due to HIPAA. Fortunately thanks to the efforts of Steve Piskor, The Ohio House and Senate passed the Bill 58 unanimously and Governor DeWine signed it into law. This allows families the right to install ordinary nanny cams in nursing homes in Ohio. It is recommended that the management is made aware of them being placed. That way they can advise their staff that they are present. Hopefully the use of these cameras will help to increase accountability of staff, and it will significantly reduce neglect and elder abuse within nursing homes.
In addition, if you suspect abuse is occurring, you should contact your local Adult Protective Services, supervised by the Ohio Department of Job and Family Services. You can contact your local county agency or the state’s toll free hotline number at 1-855-644-6277.
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Joseph Balmer manages the Probate, Trust and Estate Administration department at Dayton, Ohio, law firm, Holzfaster, Cecil, McKnight & Mues, and has been certified by the Ohio State Bar Association as a specialist in Estate Planning, Trust and Probate Law since 2006.
