Nursing Home Wandering and Elopement Lawyer, San Francisco Bay Area

Protect the safety and rights of your family members with legal assistance from Susan Kang Gordon, A Professional Law Corporation. If your family experienced nursing home wandering and elopement issues in the Bay Area, we’re here to help you address the liable parties.
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2021 Trial Lawyer of the Year
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2022 Trial Lawyer of the Year
San Francisco County TrialLawyers Association

Defending the Rights of Nursing Home Residents

The legal professionals at Susan Kang Gordon, A Professional Law Corporation safeguard the rights of healthcare facility residents who have incidents of wandering or elopement. Our seasoned attorneys understand the significant emotional and physical toll these events can impose on affected individuals and their loved ones.

Boasting a remarkable history of successful litigation, including securing a $13.5 million verdict — one of the highest in California — our firm is prepared to hold negligent nursing home facilities accountable and secure maximum compensation for our clients.
Hammer
$13.5 Million
Jury Verdict 2021
Balance
$6 Million
Jury Verdict 2021
Book
Over $40 Million
Recovered for Families
Learn More About Us

What Is Elopement in a Nursing Home, and How Does It Differ from Wandering?

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.

Elopement and Wandering Statistics in Elderly Care Facilities

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.

Dangers Associated with Resident Elopement in Assisted Living Facilities

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.

Act Now with Our Nursing Home Elopement Law Firm

Reach out for legal guidance to address wandering and elopement cases and uphold the safety and dignity of elderly residents in nursing homes.

Strategies for Preventing Elopement in Elderly Care Facilities

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.

Can You Sue a Nursing Home for a Resident's Elopement?

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.

Determining Elopement Liability

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:

  • Was there a thorough evaluation of the risk of elopement for the nursing home resident?
  • Did the facility develop and maintain effective personalized intervention plans?
  • Were there adequate protocols and security measures, such as exit alarms, in place to deter elopement?
  • Were these security measures properly checked and kept in working order?
  • Are there recorded assessments and care plans that document these precautions?

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.

Filing a Nursing Home Abuse Lawsuit

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:

  • Medical records and bills
  • Agreements with the nursing home facility
  • Statements from witnesses and experts
  • Police reports
  • Visual documentation of the facility’s conditions

It's important to securely maintain all relevant evidence to support the case effectively.

Understanding Compensation for Nursing Home Wandering Incidents

Compensation claims for incidents occurring in nursing homes or assisted living facilities cover a broad spectrum of damages, such as:

  • Costs for medical treatment resulting from the incident
  • Funeral expenses if the incident leads to death
  • Financial impact of permanent disabilities
  • Deterioration of quality of life
  • Income lost due to the necessity of caring for an injured relative
  • Compensation for loss of companionship

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:

  • Current and anticipated future medical expenses
  • Costs associated with ambulance services
  • Charges for emergency medical procedures
  • Expenses for medical devices
  • Costs for physical therapy or other rehabilitation services
  • Expenses for alternative care arrangements

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.

Why Susan Kang Gordon, A Professional Law Corporation Stands Out in Nursing Home Wandering Cases

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.

Our Recent Cases

$13.5 Million Verdict

10 elderly residents sued a nursing home for the neglect and abuse suffered at the hands of the operators. They alleged the failure to provide proper care for fall prevention, wounds, nutrition and hydration and medication management.

$6 Million Fee Award

For the cases which go to trial, we will always seek attorney’s fees directly from the defendant so that you do not have to pay us any fees from your award. In other words, we ask the Court to order the defendants to pay us our hourly fees. Fee awards are not granted for cases that result in a private settlement.

$1,675,000

Confidential Settlement - resident is found dead in a bathtub. - $1,675,000.

$1,500,000

Confidential Settlement - fall in residential care facility. - $1,500,000.

$975,000

Confidential Settlement - fall in residential care facility - $975,000.

$800,000

Confidential Settlement - A physical therapist's failure to transfer body properly results in hairline fracture to the leg - $800,000.

Testimonials

Stars
5

Susan did an amazing job representing our family in a complex and emotionally challenging legal matter. Susan was in it for the long haul, becoming both a trusted advisor and a voice of compassion throughout the process. Susan and her team always brought professionalism, empathy, dedication and skill to our case. She achieved a very positive outcome for us, and we couldn't have been happier with her representation. I would absolutely recommend her and SKG Law.

Tom Smith, Lafayette
Stars
5

Susan was great. She really cares and it shows. We won our case. We really appreciate Susan standing up for the little people.

Brent Baisch, Brentwood
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Take Action Against Nursing Home Resident Elopement with Skilled Legal Help

Susan Kang Gordon, A Professional Law Corporation can deliver the justice and care your family deserves. Dial (510) 400-6146 or complete our online form today for a free consultation.
Physical Address
2 Theatre Square, Suite 217, Orinda, CA 94563
Phone
(510) 400-6146
Fax
(510) 400-6148
Mailing Address
21C Orinda Way #162 Orinda, CA 94563
Email
susan@skg-law.com
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