Understanding the Legal Responsibility of Nursing Homes in Elopement Cases

Garrett Phillips wasn’t expecting to hear that his mother-in-law wandered away from her residential care facility in Georgia. He expected her to be safe and secure with trained caregivers. Two days after she went missing, the family got the call that everyone feared. His mother-in-law was found dead less than a mile from the facility.

The case was just one of thousands that occur each year in the United States. Nursing home elopement is a danger and risk for people living in care facilities.

Nursing homes have a legal responsibility to prevent nursing home elopement. Jordan Law Center’s Nursing home abuse lawyer explains this duty and what you need to know.

Wandering Away—The Nursing Home Elopement Problem

The Washington Post reports that more than 2,000 people eloped from nursing homes in the United States in 2023. These incidents often result in serious harm. 32% of nursing home elopements result in death.

Campus Safety® ranks South Carolina third in the U.S. for the worst elder abuse protections. They also say that South Carolina ranks third for elder abuse and neglect complaints in the nation.

What Is Elopement in a Nursing Home?

Elopement in a nursing home is when a resident leaves the nursing home environment without supervision and safety. A person who lives in a residential care facility elopes when they depart from the grounds or safe areas without the knowledge of caregivers or under dangerous, often unsupervised, circumstances.

Usually, it occurs when a person slips away by themselves. Caregivers either don’t realize the person is gone or may be indifferent to the person wandering away.

A person can wander within a facility, too. This wandering isn’t exactly an elopement, but it may still create a dangerous situation for the resident and others.

Why Elopement Happens: Common Risk Factors in Elderly Residents

Understaffing and staff turnover

Inadequate staffing is a problem in many elopement cases. Facilities often have high turnover, and care providers may not stay on the job long enough to learn about their residents. They may not recognize when someone needs more supervision. And if they are stretched thin, they may not notice when a resident has slipped away.

Neglecting standards and best practices

A facility may have standards and procedures to prevent elopement. Care providers may need to regularly check that doors are locked and secure or monitor cameras. When these tasks are neglected, a resident may be more likely to wander from the facility.

Cognitive challenges

A nursing home resident may be confused about where they live and why they are in the care facility. They may think that they are lost or may not understand the importance of supervision.

Facility not secure

Care facilities need varying levels of security depending on the type of care they provide. A retirement community may not need locked doors, allowing residents to come and go without informing others of their whereabouts. However, dementia patients may need physical security. Doors that are left unlocked or propped open may create a risk of elopement.

Responding to warning signs

A resident may show signs of wanting to leave the facility. They may try to leave or say things that indicate wanting to leave. These warning signs may mean that it’s appropriate to adjust the person’s care.

Facility management

There are elements of facility design that can help prevent elopement. For example, motion sensors on lights can help staff detect if someone is moving. Doors can be painted to look like walls so that dementia patients don’t recognize them as doors. Someone with a history of wandering may be appropriately placed in a room away from exits and doors. Poor facility management can be the cause of elopement.

Lack of training

Care providers should be trained to identify risk factors of elopement and how to respond appropriately. For example, a caregiver should be able to effectively redirect a patient back to their unit. Poor response training can result in elopement from a facility.

Legal Duty of Care: How Nursing Homes Must Prevent Elopement

Preventing nursing home elopement isn’t just the right thing to do. It’s also a legal duty. Part of the duty to provide adequate care is to ensure that residents are secure. When someone wanders, the nursing home may be responsible for negligence.

How Elopement Can Lead to Injury or Death

Elopement can lead to injury or death in several ways. A person who wanders may be exposed to the elements. They may be physically fragile or have mobility limitations, which can create a risk of drowning. The person may wander into traffic or may be in danger without medication. The person may be at risk of a slip-and-fall accident.

How Nursing Homes Can Prevent Elopement

Nursing homes can prevent elopement by taking specific steps.

  • Using a system of buffer zones, tags, and wristbands
  • Designing the facility to minimize risk
  • Identifying risk factors for a particular patient
  • Keeping door passcodes hidden from residents
  • Recognizing when the care needs of a resident change
  • Staffing and training appropriately
  • Working cameras and good lighting
  • Using a multi-layer approach with personnel, equipment, and procedures
  • Practicing the response to a potential elopement

Signs of a Negligent Nursing Home

A negligent nursing home may not have clear protocols. Staff may be quick to make exceptions to procedures. Staff turnover may be high. There may be previous instances of elopement without meaningful changes.

How a Greenville Nursing Home Abuse Lawyer Can Help

If your loved one has experienced elopement, a Greenville nursing home abuse lawyer can help. They can assist with nursing home elopement reporting and investigate a claim for financial compensation. A lawyer can take the steps to claim your monetary award and hold the care facility responsible for what happened.

Contact

Jordan Law Center is taking new cases now. There’s no cost for a consultation. Call or message us to talk about the legal responsibility of nursing homes in elopement cases. Contact us to talk to a Greenville nursing home abuse lawyer and get help now.

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