Nursing Home Elopement Lawyer

Expert Legal Counsel for Injuries Sustained Due to Wandering 

There are a lot of things that can cause you to worry when you’re sending your loved one to live in a nursing home for long-term care. One of the most distressing situations family members should never have to deal with is nursing home elopement. Unfortunately, this happens far too often, as many facilities lack appropriate security measures and safety protocols.  

This is when any resident, often those who have cognitive impairments like dementia or Alzheimer’s disease, leaves without supervision. 

In many nursing home resident elopement incidents, the individual is found quickly, limiting the potential for accidents. In others, elopement in nursing homes can be fatal, resulting from nursing home negligence. Every missing resident case should be thoroughly investigated to ensure residents are safe.   

If you have a loved one who passed away or was injured due to nursing home neglect that allowed the resident to leave without supervision, you should know what your rights are.  

Nursing Home Settlements We’ve Won For Our Clients

When nursing home staff fail to provide adequate supervision, it places residents at serious risk of elopement and injury. Nursing home elopement, neglect, and lack of attention can quickly lead to devastating consequences for residents. Below are examples of settlements we’ve secured for families who have endured such hardships: 

• $299,000: An at-risk resident who required full assistance fell and fractured her hip just two days after being admitted. The nursing home staff failed to supervise her during a bathroom trip despite clear orders that she needed help.  
• $1,700,000: A resident suffered a subdural hematoma and a hip fracture after falling due to negligent nursing home care. 
• $735,000: A nursing home left a wheelchair-bound resident unattended. She fell, sustaining a broken leg and compression fractures to her spine, both lumbar and cervical.   
• $815,000: Staff ignored a man’s dietary requirements, providing him food unsafe for his condition. He choked on a hot dog and passed away after a delayed response from the nursing facility.   
• $750,000: A 76-year-old resident in a wheelchair fell down the nursing home’s front stairs. Staff failed to lock his wheelchair’s wheels, resulting in a fall that caused facial fractures and a subdural hematoma.   

These cases highlight the severe risks faced by many nursing home residents when appropriate care and safety protocols are not provided. If you’re dealing with a similar situation, know that there are legal options to help hold negligent facilities accountable.  

What is the Elopement of Nursing Home Residents?

Elopement in the context of a nursing home refers to a resident leaving the facility without authorization or supervision, potentially putting their safety and well-being at risk. This is a serious issue with legal and ethical implications for nursing homes.

Types of Injuries in Nursing Home Elopement Claims

When a nursing home resident elopes, they are exposed to various potential dangers. These can result in serious injuries, impacting their physical health and mental well-being, and even leading to wrongful death. Here are some of the injury types we often see in elopement cases:

Physical Injuries 

Physical harm is one of the most common outcomes of nursing home elopement due to residents’ age and underlying health conditions. Elderly individuals with cognitive and mental impairments, like Alzheimer’s Disease, are particularly vulnerable, as their disorientation can lead to dangerous situations. Some examples of accident types include:

• Falls – Residents may wander into areas with uneven terrain, stairs, or other hazards that can lead to broken bones, head injuries, or significant bruising. 
• Traffic Accidents – A confused resident entering roadways may face injuries from oncoming vehicles or cyclists.  
• Environmental Injuries – Exposure to extreme temperatures, dehydration, or insect bites can have severe consequences, particularly for seniors who may already have compromised health. 
• Physical Assault – Vulnerable residents wandering into unsafe areas may encounter individuals who take advantage of their state, leading to physical harm. 

Emotional Impact on Families 

Elopement incidents don’t just harm residents physically and emotionally; the family members of victims often experience immense guilt, grief, and frustration. Many turn to legal action not only to seek justice but also to prevent future incidents in these facilities. 

Wrongful Death  Wrongful death can also occur to at-risk nursing home residents if they do not receive the right care. Tragically, adequate supervision and interventions can usually prevent these outcomes. These incidents often arise from neglect, understaffing, or a failure to adhere to proper safety protocols. Families impacted by such losses can file a lawsuit for the death of their loved one.

Who is at Risk of Elopement in Nursing Homes?

Proper assessment is crucial for patients in nursing homes. Nursing homes must evaluate each resident for risk factors of elopement to provide proper care and prevent elopement. These are some of the most common elopement risks in nursing facilities.   

1. Residents with Cognitive Impairment

• Dementia (including Alzheimer’s Disease): Alzheimer’s disease is the most significant elopement risk factor. Memory loss, confusion, and impaired judgment encourage wandering behavior, often with a destination in mind (even if it’s illogical, like “going home” to a childhood house). This may be referred to as reminiscent wandering.
• Other Cognitive Issues: Traumatic brain injury or stroke can also impact judgment and awareness, increasing the risk of elopement.  

2. Residents with Mental Health Conditions 

• Depression and Anxiety: These conditions can lead to restlessness, agitation, or a desire to escape the perceived negativity of their situation. This is common in victims of nursing home abuse.
• Delusions/Hallucinations: Residents may believe they must leave for a specific (but unreal) reason or to escape a perceived threat. This can lead to environmentally cued wandering.

3. Residents with an Elopement History 

• Elopement: Past attempts mean they’re more likely to try again. Previous elopement attempts are a significant red flag for nursing homes.
• Wandering: Even within the facility, purposeful wandering can escalate to resident elopement. It should be documented anytime a patient wanders off.  

4. Physical Factors 

• Good Mobility: Someone physically capable of walking well on their own is more likely to be a high-risk resident when it comes to eloping successfully. This doesn’t mean immobile residents aren’t at risk, but the risk of elopement is heightened with mobility.

5. Other Factors

• New Residents: Unfamiliarity with the environment increases disorientation and the urge to “go home.” Encouraging new residents to speak with family members during the transition can help them feel safe in an unfamiliar environment. 
• Medication Side Effects: Some medications can cause confusion, restlessness, or agitation. If the medical staff at the nursing home fails to communicate to the nursing home staff that a resident may be confused due to medication, the risk of elopement increases.   

Elopement from nursing homes is a critical safety concern that can lead to severe physical consequences and emotional distress for most nursing home residents who experience this. 

Preventing Elopement in Nursing Homes 

Preventing elopement in nursing homes begins with creating a safe and secure environment while ensuring older adults feel respected and cared for. Facilities should implement clear safety measures, such as alarmed doors, secure perimeters, and consistent monitoring of high-risk residents. 

Staff training is also essential, helping caregivers recognize potential warning signs like restlessness or agitation before an incident occurs. 

Regular risk assessments can identify vulnerabilities in protocols or individual care plans, enabling adjustments to better support residents. Engaging residents with meaningful activities and social interaction can reduce feelings of confusion or a desire to wander, improving overall safety.

Consequences of Negligence in Preventing Elopement 

Negligence in preventing an elopement incident in nursing homes can lead to significant and far-reaching consequences for residents, families, and the facilities themselves. Here’s what this can look like: 

• Resident Injuries and Trauma – When residents wander unsupervised, they face dangers such as falls, dehydration, weather-related injuries, or even death. For those with cognitive impairments, like dementia, the risks are even greater. These experiences can cause lasting physical and emotional harm to residents.  
• Legal Accountability – Families impacted by negligence may pursue legal action, seeking compensation for medical costs, emotional distress, or death. Lawsuits can create lasting financial and legal burdens for nursing homes. Court rulings may also enforce stricter oversight or operational changes within the facility.    
• Federal and State Regulatory Consequences – Nursing homes failing to address high risk residents in terms of elopement may face fines, citations, and, in extreme cases, have their license revoked. These penalties underscore the responsibility facilities have to ensure resident safety. Regulatory violations can also result in mandated audits and increased inspections. 
• CMS and Medicare/Medicaid Compliance Issues – Facilities that do not adhere to required safety regulations regarding elopement risk may lose federal funding or be excluded from programs like Medicare or Medicaid. These funding losses can jeopardize the facility’s operations. They may also create financial instability, impacting resources and staff retention.
• Reputation Damage – Elopement incidents can result in widespread public distrust. Negative media coverage, reduced admissions, and concerned families seeking alternative care options can significantly harm the facility’s reputation. Rebuilding trust after these events can take years and strain existing resources.   

These consequences of nursing home elopement can be devastating for victims and their families. If a loved one is not getting the care they need in a nursing home environment, you may want to contact local law enforcement and then speak with a lawyer.   

Regulations and Standards for Nursing Home Safety

Federal regulations are in place to ensure that nursing homes maintain safe environments for residents, addressing risks such as elopement. Below is an overview of important regulations nursing homes must follow to comply with safety standards.

42 CFR § 483.25 – Quality of Care 

This regulation mandates that nursing homes provide adequate supervision to prevent accidents, including resident elopement. Facilities must assess residents’ risks and implement personalized precautions, such as monitoring systems or secured areas, to enhance safety. 

For example, a facility may use door alarms or wearable tracking devices to monitor at-risk residents effectively. Regular staff training on recognizing early signs of wandering is also essential to prevent elopement incidents. 

42 CFR § 483.70 – Administration and Facility Requirements 

Under this rule, 42 CFR § 483.70 outlines the administrative responsibilities and operational standards nursing home facilities must meet to ensure the safety and well-being of residents. 

This regulation emphasizes the importance of effective management systems, qualified personnel, and comprehensive policies to maintain compliance with federal standards, which includes preventing elopement.

For instance, ensuring adequate staffing levels overnight can be a practical measure to prevent nursing home elopements during hours when incidents are more likely to occur. Facilities should ensure that employees are trained to manage elopement risks and that systems are in place to respond quickly if an elopement incident occurs.   

42 CFR § 483.12 – Freedom from Nursing Home Abuse, Nursing Home Neglect, and Exploitation   

This regulation is a federal regulation that establishes the right of nursing home residents to live free from abuse, neglect, and exploitation. This provision mandates that facilities must take all necessary steps to prevent harm to residents, including implementing policies and procedures to address potential risks like elopement. 

It also requires prompt investigation and reporting of any allegations or occurrences of mistreatment, ensuring accountability and adherence to standards of care. For example, a resident showing signs of cognitive decline might require room placement closer to staff or restricted access to unsecured areas.   

The Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987 establishes mandatory standards to ensure residents in nursing facilities receive appropriate care in a safe environment. This includes regular monitoring, personalized care plans, and safety protocols to address safety concerns like wandering or elopement.  

A facility might implement scheduled safety checks throughout the day to ensure residents are accounted for. Training staff to remain attentive to potential behavior changes in residents can also help prevent elopement incidents. These protections are designed to uphold the rights and dignity of nursing home residents. 

Ensuring compliance with these regulations not only protects residents but also helps facilities avoid serious legal and financial consequences. Families entrusting their loved ones to nursing homes should be aware of these standards and hold facilities accountable when they fail to meet them.

Risk Assessment and Care Planning 

Each resident should be individually assessed upon admission and regularly after that to identify residents at an increased risk of nursing home elopement. The assessment should include a review of their medical history, cognitive status, mental health, medications, and any history of wandering or elopement.

Based on the assessment, a personalized care plan should address each resident’s needs and risk of elopement. Each plan should be documented and regularly updated to reflect changes in the resident’s condition or behavior.

Security Measures For Elopement Risk 

Modern security measures may include secured doors and windows, alarms on exits, surveillance cameras, and coded entry systems. These should be regularly inspected and maintained to ensure no nursing home elopement occurs.  

An assisted living facility should also ensure that no nursing home residents can endanger themselves if nursing home elopement occurs by restricting access to areas that pose a serious risk to safety, like stairwells, elevators, and exits. 

Staff Training and Supervision for When Nursing Home Residents Wander 

All nursing home staff should receive thorough training on elopement prevention measures, including recognizing risk factors, implementing interventions, and responding to nursing home elopement incidents.   

Additionally, assisted living facilities need sufficient nursing home staff levels to provide adequate supervision and care for residents, especially during high-risk periods like shift changes.

Therapeutic Activities and Engagement 

Residents should be encouraged to engage with each other in stimulating environments and with planned activities to address their individual interests and needs, enabling them to reduce feelings of boredom and isolation.

Activities tailored to an elderly person in danger of elopement are vital to address their needs and prevent severe injury or even death that may occur in an otherwise seemingly safe environment.

Environmental Design of The Assisted Living Facility

While the design of nursing homes may not be everyone’s biggest concern, it is to high-risk residents who may easily find themselves in unfamiliar environments due to cognitive decline. Clear and visible signage and visual cues may help the wandering resident and prevent elopement.

Regardless of their elopement risk, residents also need access to outdoor spaces, so the nursing home should provide secure outdoor areas where residents can enjoy fresh air and sunshine safely. Elopement prevention measures are essential. 

Types of Damages in Nursing Home Elopement Claims

No amount of money will make up for the traumatizing injuries or death of a family member because of wandering and elopement. Still, seeking compensation for what they went through can help ease the financial burden that comes with healthcare and death. These damages can help cover medical expenses they might not be able to otherwise.

Economic damages are the losses you can put a fairly objective value on. These include things such as: 

• Medical expenses
• Loss of inheritance 
• Funeral and burial costs 
• Value of the services that the resident would have provided
• Loss of the deceased’s expected benefits and income

You can also receive compensation for damages that the courts deem non-economic. These relate more to the emotional and psychological impact the deceased’s death caused. Some of the non-economic damages you can be awarded are: 

• Loss of companionship, care, and protection 
• Pain and suffering 
• Mental and emotional distress for the surviving family members 
• Loss of consortium for the surviving spouse 

Your nursing home elopement lawyer could seek punitive damages if the nursing home’s or a specific staff member’s actions were egregious. These damages are awarded to punish the person(s) responsible for the nursing home elopement that resulted in their injury or death.  

Proving Negligence in Nursing Home Elopement Cases

Proving negligence in nursing home elopement cases requires showing evidence of four elements.

Duty of Care

We first have to establish a duty of care that demonstrates the facility’s obligation to protect residents from harm, including elopement. This can be done by referencing federal regulations and providing evidence that the injured party was, in fact, a resident at the facility. 

This also involves showing the accepted standard of care for preventing elopement in similar facilities. This may involve expert testimony, industry guidelines, and state regulations.

Breach of Duty

Our nursing home law firm demonstrates a breach of duty by investigating whether the facility had sufficient security measures to prevent wandering residents from getting injured. 

Causation

We establish a direct link between the nursing home’s breach of duty and the resident’s elopement to prove causation. This requires demonstrating that the nursing home elopement and subsequent harm to a nursing home resident would not have occurred if the facility had acted with reasonable care.

Damages

Finally, we document damages by providing proof of any physical injuries and emotional distress of the elopement by using evidence such as medical records, witness testimony, and security system records.

Do I Need a Nursing Home Elopement Lawyer?

Navigating a nursing home elopement case is a complicated and stressful situation. From the legal intricacies to the emotional toll the elopement incident has taken on the family and loved ones, having a legal professional to help you navigate the case is essential for their well-being and a successful case. Here’s what our team can do to assist: 

Investigating the Cause of the Accident 

A critical component of a nursing home elopement case is determining the cause of an accident. The primary goal is to see if the official cause of the accident or death can be linked to the facility or its nursing home staff members, including medical professionals who work at the facility. 

Working with a nursing home abuse attorney who has the resources and expertise in nursing home cases is a great way to uncover the truth. 

Identifying Nursing Home Liability and Other Liable Parties

Determining who’s liable for elopement in nursing homes isn’t black and white. In many cases, negligence falls on multiple people or institutions. When you work with an experienced attorney, they’ll be able to help you identify all the liable parties so you can file a thorough claim and ensure you hold the appropriate people accountable. 

Filing a Lawsuit

As with any type of legal case, filing a lawsuit can be complex and requires extensive knowledge of the law and the proper court procedures. When you have an attorney by your side, they’ll handle all aspects of the lawsuit on your behalf, including making sure your claim is filed within the statute of limitations.

Negotiating with Insurance Companies

Dealing with insurance companies is one of the most frustrating parts of any case. Your nursing home elopement lawyer will negotiate with insurance companies to ensure you get compensation that reflects what you and your family have endured. 

Representation in Court

Not all lawsuits make it into the courtroom because they can be settled outside court. However, if your case goes before a court, your attorney is always prepared to go to court and will fight to protect residents’ rights and ensure fair compensation.  

Secure Expert Legal Representation! 

If your loved one was living in a nursing home was injured or passed away as a result of the elopement, you have legal rights. When what led to the nursing home elopement can be considered negligent, you might be able to file a claim and hold the nursing home responsible with a personal injury or wrongful death case. 

When doing this, you need an experienced and compassionate attorney to protect your rights and hold the liable parties accountable. The legal team at the Nursing Home Law Center has years of experience handling cases of nursing home neglect and nursing home abuse and will fight to ensure you are compensated for your losses. 

Use our online form or call (888)-926-7565 to book a free consultation.