Nursing Home Social Media Abuse: What Santa Fe Families Need to Know

Social media is a major part of daily life, helping people stay connected. However, when nursing home staff use it to harm or humiliate residents, it is abuse.

Is your loved one a victim of social media abuse in a New Mexico nursing home? If so, we recommend calling our firm for legal help. At PKSD, our Santa Fe nursing home abuse attorneys have been helping protect the elderly for decades. Our trusted law firm is deeply committed to protecting the rights of vulnerable nursing home residents. We work hard to hold at-fault parties accountable for their actions.

Request a FREE case review today. Call 505-677-7777

What Is Social Media Abuse in Nursing Homes?

Social media abuse in nursing homes not just a misuse of digital platforms. Perpetrators of this type of abuse aim to humiliate residents publicly by posting images or videos of them online.

Specific ways staff members violate the dignity and well-being residents through social media abuse includes:

Unauthorized Photo and Video Sharing

Social media abuse occurs anytime staff capture and share images or videos of residents without their consent. Often the content shared purposely shows residents in compromising or humiliating situations. This includes showing residents during highly private, intimate or vulnerable moments. Examples of the type of photos or videos captured includes residents in these moments:

• Being bathed or showered
• Using the toilet or bedpan
• In various states of undress
• While having their incontinence products changed
• During medical examinations
• While receiving personal hygiene care
• In compromising positions due to mobility issues
• Struggling to dress or undress
• During physical therapy sessions that expose them
• Being forced to dance or perform for the camera
• Wearing inappropriate or embarrassing clothing put on them by staff
• After being forced into uncomfortable or undignified poses
• Interacting with objects in demeaning ways against their will

These examples highlight the cruel and exploitative nature of social media abuse. Residents are often forced, manipulated or intimidated into making this content. Often, the targeted victims are the most vulnerable. Many are unable to protect themselves or give consent.

Privacy Violations

Disclosing personal or medical information about residents on social media. Even when the intent is not to harm or humiliate, it is a breach of confidentiality and privacy rights.

Mockery and Ridicule

Residents subjected to online ridicule or mocking comments, often accompanied by embarrassing photos or videos.

Documented Neglect

Images or videos of neglected or isolated residents shared online. Some staff may share this for the purpose of whistleblowing. However, this is still a violation of privacy. Staff should only report these instances offline and through official channels.

Inappropriate Interactions

Staff members engaging in unprofessional or intimate interactions with residents on social media.

Identity Theft

Using residents’ personal information to create fake social media profiles, often using them for other types of online fraud.

Cyberbullying

Targeting residents or their families online through threats, harassment or intimidation.

Exploitation for Entertainment

Creating and sharing social media content featuring residents to grow an online fan base. The purpose may not always be to publicly humiliate residents. However, sharing content for personal gain without regard for another human being is a breach of privacy.

What Are the Legal Consequences for Social Media Abuse?

Social media abuse can have legal consequences for nursing home facilities and staff. Facilities can be liable for the damages if they fail to protect residents. Staff can also be held accountable if they know about these type of activities and fail to report them. Here are some legal consequences nursing homes should be aware of.

Violation of  State and Federal Privacy Laws

Unauthorized sharing of any personal information is a violation of state and federal privacy laws. Sharing protected health information (PHI) is also a violation of Health Insurance Portability and Accountability Act (HIPAA) laws. Consequences may include fines of $100 to $50,000 per violation.

Loss of Professional License or Certification

Depending on the severity of the breach, individuals can face criminal charges, resulting in fines and even jail time. Some healthcare professionals could lose their licenses or certifications.

Negligence Claims

If social media abuse harms a resident in some way, families may be eligible to sue the nursing home or perpetrators for damages. Although a claim cannot change what has happened, it can help to assist residents and their families in the recovery process.

How Can I Protect My Loved Ones?

Families can take several steps to protect their loved ones from social media abuse such as:

• Regular Communication: Maintain open lines of communication with the nursing home staff. Check-in regularly on your loved one’s well-being and express your expectations regarding privacy and respect.
• Understand the Facility’s Policies: Familiarize yourself with the nursing home’s policies on social media use. Ensure that the facility has clear guidelines for staff regarding privacy and appropriate online behavior.
• Monitor Social Media Activity: Monitor the nursing home’s social media platforms for posts related to your loved one or the facility. If you notice any inappropriate content, report it to nursing home management immediately.
• Educate Your Loved One: If appropriate, educate your loved one about their rights and the importance of privacy. Encourage them to speak up if they feel uncomfortable about any aspect of their care.

Addressing Social Media Abuse: What to Do if It Happens

If you suspect that social media abuse is occurring, it is essential to act quickly:

• Document the Abuse: Gather evidence, such as screenshots or printed copies of posts. Document any communications with the nursing home regarding the issue.
• Report the Abuse: Notify the nursing home administration about the abuse. They must investigate the issue and take corrective action. You can also report this abuse to the proper authorities.
• File a Complaint: If the facility fails to take action, file a formal complaint with Adult Protective Services in New Mexico.
• Seek Legal Help: Have a nursing home abuse attorney review the details of your situation to determine if you may have a case. There is no need to face this situation alone.

How Can Nursing Homes Prevent Social Media Abuse?

Nursing homes owe a legal duty to protect residents in their care. This includes protecting them from social media abuse. Here are a few ways  facilities can effectively address this issue:

• Create Clear Policies: Establish and enforce clear rules for how staff may use social media. These rules should specify acceptable behavior and outline the consequences for not following them.
• Conduct Background Checks: Nursing homes should do thorough background checks before hiring staff.
• Offer Training: Provide regular training for staff on privacy, ethics and the legal aspects of social media.
• Foster Respect: Build a culture of respect and professionalism in the nursing home. Encourage staff to maintain high standards of behavior both online and in person.
• Monitor Compliance: Implement systems to monitor staff use of social media and ensure they follow the facility’s policies.

Contact PKSD for Help With Your Nursing Home Abuse Case

Social media abuse in nursing homes can affect residents’ mental and physical well-being. If your loved one has been a victim of any type of nursing home abuse, we encourage you to seek legal help right away.

In Santa Fe, PKSD has the staff and resources to help. We are committed to helping you and your family seek justice and pursue compensation for the harm your loved one suffered. Your first step is to talk with one of the qualified attorneys at our firm. This meeting is completely free. If you have a case and we represent you, there are no upfront costs to pay.

PKSD. Experienced. Trusted. Millions Recovered.: 505-677-7777