Elopement in nursing homes refers to a situation where a resident, often with cognitive impairments such as dementia or Alzheimer’s disease, exits the facility unsupervised and unnoticed, potentially leading to harm or danger. This is distinct from wandering, which involves a resident moving aimlessly within the facility itself without leaving the premises.
Both situations pose significant safety risks, but elopement is particularly concerning due to the increased likelihood of encountering hazards outside the facility.
Research shows that up to 60% of individuals with dementia may wander or elope. 45% of elopements happen within the first 48 hours of a resident's admission, and those with a history of wandering are likely to do so again, accounting for 80% of such incidents.
Elopement from healthcare living facilities can pose significant risks to residents, especially when not swiftly detected. Such incidents often lead to dangerous situations, including falls that may result in serious injuries like brain bleeds or broken bones. The gravity of these injuries is heightened in elderly individuals due to their frailty.
Beyond falls, elopement can lead to death if residents encounter severe hazards like traffic accidents or drowning.
To effectively prevent elopement in nursing homes, facilities must invest in extensive staff training, maintain high levels of alertness, and implement stringent security protocols.
The role of nursing home staff is critical in averting elopement incidents. They should identify potential risks, maintain continuous supervision, and apply strict controls at exits. This necessitates a thorough familiarity with each resident's daily routines, behavioral patterns, and both physical and mental health profiles.
Particular attention must be given to residents with cognitive impairments, who are more susceptible to wandering. Staff members need to recognize these vulnerabilities and ensure that these individuals receive more focused oversight.
Security enhancements can include technological solutions like video surveillance, door alarms, and wearable GPS trackers to oversee and manage residents' whereabouts. These tools aid in promptly identifying and responding to possible elopement incidents.
Furthermore, nursing homes should be mindful of environmental factors that could elevate elopement risks. High-risk times include meal times, shift changes, and holidays, during which enhanced surveillance is necessary.
Nursing homes are legally obligated to provide safe and healthy living conditions for their residents. This includes ensuring adequate supervision and assistance to protect residents from elopement incidents. Failure to take appropriate steps to prevent wandering can result in liability under both federal and state law.
If a resident escapes from a nursing home and incurs injuries, the facility might be legally accountable. It is essential to prove that the elopement was due to the facility’s inadequate security, insufficient monitoring of residents, or another form of negligence.
Even if the nursing home asserts that it had taken preventive measures, it could still face liability if those measures were not effective.
After an elopement, it is critical to report the incident to the appropriate authorities or an ombudsman, who can initiate an investigation. It is equally important to seek advice from a lawyer who focuses on cases of nursing home abuse and neglect.
Such attorneys are equipped to help collect evidence, establish negligence, and create a compelling argument to hold the nursing home responsible for the injuries sustained by the resident.
The Omnibus Budget Reconciliation Act (OBRA) obligates nursing homes to pinpoint residents prone to wandering and to establish detailed intervention plans to manage such behavior. These intervention strategies must be updated routinely to adapt to any shifts in a resident’s health status.
Evaluating a nursing home's responsibility in the event of a resident's elopement involves examining several factors:
Not meeting the requirements of the OBRA can leave a facility open to claims of neglect. It’s vital to have a comprehensive investigation into the details of your loved one’s incident so that evidence of negligence can be gathered.
When a nursing home fails to adequately protect wandering patients, it can lead to severe injuries. In such cases, either the injured party or a representative family member may pursue legal action, seeking damages for the harm caused by the facility's negligence.
Compiling a robust collection of evidence is vital when preparing for a nursing home negligence lawsuit. This should include:
It's important to securely maintain all relevant evidence to support the case effectively.
Compensation claims for incidents occurring in nursing homes or assisted living facilities cover a broad spectrum of damages, such as:
Occasionally, courts may also award additional compensatory and punitive damages.
An experienced elder abuse lawyer is crucial in guiding clients through the process of evaluating and pursuing these damages. They also aid in initiating claims against the liable parties, helping clients file the appropriate paperwork within the time limits allotted.
The scope of damages or losses can vary from one case to another. Potential claims might include:
Claims might also be made for pain and suffering, emotional distress, physical impairment or disfigurement, reduced enjoyment of life, and cases of wrongful death. It is essential to understand that the specifics of each case determine the extent of compensation achievable.
Susan Kang Gordon, A Professional Law Corporation excels in advocating for victims of nursing home or assisted living abuse and neglect. Susan Kang Gordon has received the prestigious title of Trial Lawyer of the Year from the San Francisco Trial Lawyers Association (2022) and the Ventura County Trial Lawyers Association (2021), underscoring her experience and skill.
We recognize that issues like corporate malpractice and inadequate staffing are often underlying causes of neglect in nursing home facilities, and we are relentless in pursuing accountability from those at fault.
What distinguishes our firm is our deep commitment to the individuals we represent. Susan Kang Gordon advocates with passion and dedication as if every client were a member of her own family.
Additionally, our firm offers personalized legal strategies tailored to the specifics of each case, extensive resources for investigation and litigation, and a compassionate approach that prioritizes the well-being and dignity of our clients. These aspects make Susan Kang Gordon, A Professional Law Corporation a trusted choice for those seeking justice in wandering and elopement cases.
