Can Nursing Homes Be Liable for Wandering or Elopement Injuries?
You’ve chosen a nursing home for your loved one. One day, you get a call saying that your loved one left the nursing home and almost walked into a busy street. What should you do?
When residents leave a nursing home, leave an area within a nursing home, or repeatedly travel the same areas of a facility, it is called wandering or elopement. Many cases of wandering and elopement are related to nursing home policies or issues that fail to adequately protect residents.
This article helps families understand what wandering and elopement are. It also discusses when a nursing home might be legally responsible for injuries related to wandering and elopement. Finally, it explains how a Laurel nursing home negligence attorney can help.
What Is Wandering? What Is Elopement?
The terms “wandering” and “elopement” are defined in federal nursing home regulations.
Wandering
Federal regulations say that wandering is “random or repetitive locomotion. This movement may be goal-directed (e.g., the person appears to be searching for something such as an exit) or may be non-goal-directed.” So, a nursing home resident who repeatedly or frequently walks the same hall or goes to the same places (e.g., another resident’s room) without an apparent goal is wandering.
Elopement
The same regulations say that elopement occurs when “a resident leaves the premises or a safe area without the facility’s knowledge and supervision.” So, a resident who opens a door and leaves the facility’s premises has eloped. An elopement also happens when a resident doesn’t leave the facility but enters an area that is normally off-limits to residents or that residents can only enter with staff supervision.
The Dangers of Wandering and Elopement
Wandering isn’t always bad. The federal guidelines note that goal-oriented wandering may even help residents get exercise and sensory stimulation. Yet, staff supervision is still recommended.
Wandering without a goal is more concerning, as it can be a sign that the resident is experiencing mental health issues (e.g., depression and anxiety) or even hunger. Facilities must investigate the root causes to learn what the resident truly needs.
Elopement presents a high degree of danger. Entering restricted parts of the facility could expose the resident to chemicals, fall hazards, and other dangers. Of course, leaving the facility poses the greatest risk of harm, as exposure to the elements without preparation can lead to heatstroke or frostbite. Even more serious incidents, such as motor vehicle accidents and drowning, have occurred.
Why Are Some Residents More Likely to Wander?
Wandering and elopement are most frequently associated with dementia. Common symptoms of dementia include confusion, memory loss, and disorientation. So, a resident may wander because they don’t remember where they are (or where they are supposed to be). Similarly, a resident might elope because they are trying to go home.
Warning Signs for Wandering and Elopement
No one can predict when a person will first wander or elope. However, there may be warning signs. Families should look for issues such as:
- A history of wandering or elopement
- Repeatedly looking for exits
- Talking about “going home”
- Attempting to open doors
- Asking to leave
- Increased agitation
When Can a Nursing Home Be Liable for Wandering or Elopement Injuries?
Not every incident of wandering or elopement will lead to a legal claim. But under some circumstances, the nursing home can be held responsible.
To hold a nursing home responsible for causing your loved one’s injuries, you’ll have to prove that the nursing home was negligent. Negligence means that someone failed to take proper care to prevent an outcome. To prove nursing home negligence, you’ll have to prove that your loved one was injured. Then, you’ll need to show that: 1) the nursing home had a duty to act in a certain way, 2) the nursing home did not take the required action, and 3) the nursing home’s failure to act directly contributed to your loved one’s injuries.
Because federal nursing home regulations specifically mention wandering and elopement, nursing homes have a duty to prevent both. However, a nursing home may fail in this duty when it:
- Does not adequately secure doors and other exits (e.g., broken locks, open doors)
- Fails to hire adequate staff to supervise its residents
- Give each resident an individualized wandering and elopement risk assessment
- Fails to intervene or make changes after wandering or elopement incidents
- Fails to regularly reevaluate the facility’s elopement risk
- Fails to adequately monitor residents at high risk for wandering and elopement
Get Legal Help for Wandering or Elopement Incidents
If you suspect that nursing home neglect allowed your loved one to wander or elope, take pictures and video of any injuries immediately. You should also contact a nursing home negligence attorney in Laurel. The lawyer can help your family build a strong case against the nursing home.
If your family needs legal help after an elopement or other nursing home injury, contact the Law Offices of Thomas E. Pyles. Our attorneys can help your family protect your loved one and their legal rights. Call 301-705-5006 or use our online contact form to schedule a free consultation.