When a nursing home resident leaves the facility without proper supervision, the danger can begin within minutes. A resident with dementia or a history of wandering could enter traffic, fall on unsafe ground or remain outside in extreme weather. This situation, known as elopement, can result in serious injury or even death.
Michigan nursing homes have a responsibility to address safety risks that staff can reasonably foresee. When poor supervision, inadequate safeguards or staffing problems contribute to an elopement, the facility’s actions may raise questions about legal responsibility.
When can elopement lead to a lawsuit?
An elopement does not automatically make a nursing home liable. The circumstances surrounding the incident matter. A facility may face liability when staff knew about a resident’s wandering risk but failed to take reasonable steps to protect that person.
Several facts may help show whether the facility failed to provide appropriate care:
- Staff did not identify the resident as having a wandering risk.
- Staff did not secure an exit despite a known safety concern.
- Staff did not follow the resident’s care plan.
- Staff did not provide proper supervision because of inadequate staffing.
- Staff did not respond promptly after discovering the resident was missing.
Looking at these details can help determine whether the facility’s actions contributed to the resident’s injuries.
What injuries can result from elopement?
When a resident leaves a care facility without help, many dangers can arise. Staff should consider a resident’s health, memory issues and past wandering behavior when planning for safety. Injuries may include:
- Broken bones or head injuries from falls on ice, sidewalks or uneven ground
- Heat stroke or hypothermia from spending too much time outdoors
- Dehydration or health problems from missing food, water or medication
- Injuries from being struck by a vehicle while crossing a road
These injuries can lead to hospital stays, therapy and ongoing medical care.
What evidence can help show fault?
Records can help explain what happened and whether staff acted properly. Medical records, care plans and incident reports may show if the resident had a known risk of wandering. Shift logs, door alarm records and security videos may also provide important details.
Legal assistance can help your family gather records and protect evidence that may support an injury claim.
When care falls short
An elopement can point to problems with supervision or safety measures at a care facility. When preventable mistakes lead to an elder care injury, reviewing the facility’s actions may help your family decide whether legal options are available.