Audio Recorder legal in VA

[beckyvs]

What is the name of your state (only U.S. law)? VA
My mother, who was in a nursing facilty had complained to me that she had pushed her buzzer and hollered throughout the night and no one would help her.

I took it upon myself to place an audio recorder in her room 2 nights after I left. What I heard on those tapes will haunt me for the rest of my life. She screamed, cried, and begged for help. She even begged for a drink of water. Different employees would come in at different times and tell her you're fine, you're confused, guit hollering, etc., one even wanted to argue with her about how many sips of gingerale she had given her to drink that night.

I am just trying to find out with me having power of attorney, are these recordings something that I can use legally against the facility? After listening to the tapes, my mother was never left alone again, she died a week later. It was a horrible death, her steroids had been stopped cold-turkey which threw her into a horrible withdrawal.

Thanks in advance to anyone that can answer my question.

Becky

[lya]

Originally Posted by beckyvs

What is the name of your state (only U.S. law)? VA
My mother, who was in a nursing facilty had complained to me that she had pushed her buzzer and hollered throughout the night and no one would help her.

I took it upon myself to place an audio recorder in her room 2 nights after I left. What I heard on those tapes will haunt me for the rest of my life. She screamed, cried, and begged for help. She even begged for a drink of water. Different employees would come in at different times and tell her you're fine, you're confused, guit hollering, etc., one even wanted to argue with her about how many sips of gingerale she had given her to drink that night.

I am just trying to find out with me having power of attorney, are these recordings something that I can use legally against the facility? After listening to the tapes, my mother was never left alone again, she died a week later. It was a horrible death, her steroids had been stopped cold-turkey which threw her into a horrible withdrawal.

Thanks in advance to anyone that can answer my question.

Becky

You have many options of action. You may want to start with the ombudsman for the facility or by contacting JCAHO (they represent Medicare and Medicaid) and you may want to consult with an elder care attorney.

The ombudsman and JCAHO will listen to your recordings, so will an attorney. Above the ombudsman and JCAHO, I have no idea if your records could be used, legally, in an action.

Best wishes,

[beckyvs]

The facility after hearing the recording did an investigation and filed a report with the Ombudsman, the VA Dept of Health and also APS, a report is to follow to the state board of nursing. I am glad that the facility has taken action by firing six employees involved, and submitted the appropriate reports. The problem that I'm having is that I am the one that listened to the audio recordings and I can't get my mother's screaming and begging for help out of my head. Even though they have taken action to correct the problem, in my opinion this should have never happened in the first place.

[ecmst12]

There is nothing you can do that will change the past. A grief counselor might help you to find some closure for this tragedy. At least some good has come out of it that the facility and the responsible employees are being held responsible.

[racer72]

Your questions were answered in your other thread, the recordings change nothing. After watching a couple of my loved one dies horrible deaths in similar manners, I can never understand why people want the extend the lives of terminally ill people even if for a few weeks or months. Let her rest in peace, it appears your goal in life is to profit from your mother's death. My mother and mother in law are in a better place today, remember your mother that way, not as a source of money.

[beckyvs]

I understand racer exactly what you are saying. I can honestly say, and you may not believe, (that's you're choice). I'm not looking to profit one cent from my mother's death, I think that would be horrible. I am not looking at suing for wrongful death. The only thing if their is a suit filed would be for suvivorship. Her husband is still alive, which means all the money would go to him, and at some point it would hopefully keep him out of a nursing facility. My mother has five children and none of us want any money off of her death.

Maybe I do need to speak with a greif counselor, I had the POA and allowed her to go to this facility, which was supposed to be the best in the area. I do have a lot of guilt, I did take care of her for 3 months after she was diagnosed with her brain tumor. I continually beat myself up for not trying to take care of her until she passed and I am angry with the facility for her abuse and neglect.

I know that it's easy to assume and judge people that you don't know, and maybe from my messages it did sound like I am wanting to make money. My brothers and sisters along with myself have our own money and have always paid our own way, that's the way we were raised.

Anyway,no one on this board knows me or what I'm trying to do, and I don't even know why I felt the need to reply. I guess because it upsets me for anyone to assume that I would want to benefit from my mother's death. Again, I do agree with you, I may need to go to grief counseling to try to find some closure and get rid of some of the guilt that haunts me daily. I am 47 years old and live just a few blocks from where my mother lived, I have always stayed close to her because she couldn't drive, with her having me late in life, there was a big age difference, it's just hard to let her go.

[JessiesGirl]

Hi,

I am sorry for your family's loss. However, the only reason to sue is for money. That's all a judge would award. So saying you don't want money but that you want to sue, I don't understand what you are looking to gain. You mentioned 6 people were fired. Thank goodness your action to try to help your mom was successful in taking those people out of that job; it must not have been a good fit for them anyway, or for their patients either...

I guess I am asking, why do you think you should sue if the benefit is money and you/your family don't want/need money (per your posts)?

K

[beckyvs]

My thinking, was to make the facility accountable for what my mother endured and the unnessary neglect that she went through. I understand what you are saying as far as suing which means money. From what I understand medicare and medicaid would have to be reimbursed anyway. By the time the lawyer fees are paid and medicare and medicaid, I wouldn't think there would be much, if any money left and if there was it would go to my father in the hope that he could stay out of a facility. I forgot to mention, even though my brothers and sisters do okay financially (we're not rich) my father lives on social security and does not have hardly any savings (it just hurts to think that he may be end up in a facility, after this experience with my mother.

I am hurt and angry because of what she went through prior to her death, I'm angry at myself for not catching it sooner.

Like I said in my previous post, I probably need to talk to a grief counselor, maybe I am focusing my anger in the wrong direction; I am thankful that the 6 employees involved were fired and that maybe down the road it will save others from suffering.

My mother just passed away 3 weeks ago, I just feel so hurt and angry. I have to find a way to deal with this and try to get past it.

Thanks for your honest reply....it does make me think, what is the purpose for filing suit. It's not going to undo her suffering and neglect and it definiately won't bring her back. I am just so confused right not, I don't even think I know what I'm doing, what I should do, or what's right.

[JessiesGirl]

Well, you are definitely in the grief stage, that is clear. I understand and offer my condolences. I am glad those 6 were fired. See, you did help other people!! That is better than going thru an expensive, nerve-wracking suit that will probably not help anybody (even yourself). The suit you would have brought, if successful, however would likely not have brought your father enough money to keep him from a facility.

Your mom very likely did not die any sooner from the treatment she received at the facility, and you did help your mom; I believe she knew you were there for her when she needed you.

Now is a very good time for a grief counselor, you are right. Best wishes and I hope you will be able to continue to find ways to honor your mom.

K