Nursing Home Elopement: Who Is Liable When a Dementia Patient Wanders Off?
When a nursing home accepts a resident with dementia, the facility must take that person’s known safety risks seriously. One of the most frightening risks is elopement, which happens when a resident leaves a safe area or the facility without the supervision needed to stay safe. If a loved one with dementia wanders away and is injured, a California nursing home neglect lawyer can examine whether the facility failed to take reasonable steps to prevent the incident.
What is nursing home elopement?
People with Alzheimer’s disease or another form of dementia may become confused about where they are. Some try to return to an old home or workplace. Others may walk through an unlocked door without understanding the danger outside.
Elopement is especially dangerous because a resident may not recognize traffic, extreme temperatures or other hazards. A person who becomes lost may also be unable to explain who they are or where they live.
Residents still have rights and should not be unnecessarily restrained. However, a facility must respond when it knows that a particular resident is at risk of wandering away.
What should a nursing home do to prevent elopement?
Prevention should begin with an assessment of the resident. Staff should consider dementia symptoms, past wandering behavior and whether the person can safely leave the facility alone. That information should guide the resident’s care plan.
Depending on the person’s needs, reasonable precautions may include closer supervision, working door alarms or other safety systems. Staff should follow the care plan and respond promptly when an alarm sounds or a resident cannot be located.
Federal nursing-home rules require facilities to keep the resident environment as free of accident hazards as possible and to provide adequate supervision and assistance devices to prevent accidents. A facility that knows a resident has a history of exit-seeking behavior should not ignore that risk.
When can a nursing home be liable?
A nursing home may be liable when its failure to provide reasonable care allows a foreseeable elopement to occur. For example, staff may know a resident repeatedly tries to leave but fail to increase supervision. A claim may also involve a broken alarm, an unsecured exit or workers who did not follow the care plan.
A California nursing home neglect lawyer may review medical records, care plans and staffing records to determine what the facility knew before the resident left. Security footage or incident reports may also show how the resident exited and how long the person was missing.
Liability does not automatically arise every time a resident wanders away. The facts must show that the facility failed to meet its duty of care and that the failure caused harm.
What injuries can happen after a resident wanders away?
A resident who leaves without proper supervision can face serious danger very quickly. A person with dementia may fall, become dehydrated or walk into traffic. Hot or cold weather can also become dangerous when someone is outside for a long period.
Even when the resident is found alive, the incident may lead to fractures, hospitalization or emotional distress. In the most serious cases, elopement can result in death.
A civil claim may seek compensation for medical expenses, pain and other losses caused by the incident. If the resident dies, certain surviving family members may have the right to bring a wrongful death claim.
What evidence can help show that the facility was negligent?
Nursing records may show prior wandering attempts or notes stating that the resident needed supervision. The care plan may identify precautions that staff were supposed to follow.
Other useful evidence can include door-alarm records, surveillance video or witness statements. Staffing schedules may also help show whether enough trained workers were available when the resident disappeared.
What should a family do after a nursing home elopement?
After the resident is safe and immediate medical needs are addressed, the family can ask the facility for an explanation of what happened. It may also help to write down the timeline while events are still fresh.
The Law Offices of David M. Jamieson can investigate whether poor supervision or another safety failure allowed a dementia patient to wander away. If your loved one was injured after leaving a care facility without proper supervision, speak with a California nursing home neglect lawyer about your legal options. Call (209) 353-8271 or reach out online to discuss your situation.