Elopement

Many families make the difficult decision to move a loved one into a nursing home because they are suffering from dementia, memory loss, or a related condition. Their family member might not be safe without close supervision. Nursing homes and memory care facilities are often in the best position to provide that higher level of supervision.

Unfortunately, some nursing home residents still manage to elope, or leave the property without staff knowledge or supervision. Elopement can be incredibly dangerous for residents and is almost always the result of a failure on the part of the nursing home and its staff. If your loved one was hurt or died as a result of a nursing home elopement, our experienced New York nursing home abuse and neglect lawyers will fight to get you the compensation that you deserve.

If you or a loved one has been injured as a result of abuse or neglect in a nursing home, contact Law Offices of Thomas L. Gallivan, PLLC for a free consultation. We aggressively seek to protect the rights of our most vulnerable citizens, the elderly. We offer free initial consultations and never charge a fee unless we recover money for you.

What is Elopement in Nursing Homes?

A nursing home elopement happens when a resident exits the facility without the knowledge or supervision of the staff. It is different from wandering around the building itself. While wandering in the facility can present problems, it isn’t nearly as dangerous as leaving the building.

Unsupervised wandering within a facility can result in falls, fractures, hematomas, and head and brain injuries. Elopement, when a nursing home resident is able to exit the nursing home facility, can result in the above injuries plus hypothermia or heat stroke, depending on the time of year the incident occurs. Elopement also carries the risks of a person being struck by a car, being harmed by a person with bad intentions, or even drowning in a body of water.

Wandering is a common characteristic of many nursing home residents with Alzheimer’s, memory loss, or dementia. Since many nursing home residents suffer from these diseases, nursing homes are responsible for putting measures in place to prevent injuries from wandering or elopement. There are also certain medications that can cause disorientation that may lead to wandering or elopement, so nursing homes should be aware of these potential issues.

Nursing home staff members have many interventions at their disposal to ensure the safety of residents prone to wandering or elopement. These interventions include:

• Properly assessing residents for their potential risk for wandering or elopement;
• Employing enough staff (nursing and security) to properly supervise the residents;
• Locking doors and windows at appropriate times;
• Use of bed and chair alarms for residents found to be “at risk” for wandering;
• Use of RFID (radio frequency identification) security devices; and
• Moving “high-risk” residents close to the nursing station for observation.

If a nursing home is aware that a nursing home resident has a condition that may cause them to wander or elope, they should put these measures in place to prevent harm to the resident. Similarly, if staff notice that a resident is wandering around the facility, even without a formal dementia-related diagnosis, they must implement safety measures to protect that resident.

Elopement is incredibly dangerous and is almost always a sign of nursing home neglect. If your loved one was hurt after eloping from their care facility, you may be able to pursue legal action on their behalf. Reach out to our law firm to talk to an experienced New York nursing home elopement attorney about your case.

When Can a Nursing Home Be Held Liable for Elopement?

Nursing homes owe a duty of care to their residents. This means that the facility has an obligation to provide a safe, supportive environment while meeting residents’ physical, emotional, and medical needs. The duty of care includes protecting residents from harm, ensuring proper medical care, and maintaining a clean and sanitary environment.

When a nursing home resident elopes, it is a major red flag that the facility has failed to meet its duty of care. Every nursing home resident should be evaluated for the potential to wander or elope. There should also be stringent safety measures in place to prevent elopement.

Nursing home elopement can happen for many different reasons. This can include:

• Inadequate staffing: if there are not enough workers to monitor residents who are at risk of wandering, then the nursing home can be liable for understaffing.
• Improper training: a nursing home must properly train staff to identify elopement risks and supervise residents appropriately to prevent elopement.
• Neglect: failure to monitor residents who require supervision can allow them to wander and/or elope, which can lead to falls and other injuries.
• Poor management: a nursing home must design, develop, and implement strong policies and safety protocols to protect residents who are at high risk of elopement. 

Any of these reasons may be the reason why a nursing home resident was able to elope. They can also be the basis of a nursing home neglect lawsuit. 

Nursing home elopement is not an accident or an oversight. It is almost always due to a lack of proper supervision and safety protocols.  If your family member was hurt or killed after eloping from a nursing home, you can pursue legal action against the responsible facility and/or staff for their negligence and neglect.

Through a lawsuit, you can recover financial compensation for all of your losses. This may include:

• Medical bills
• Long-term and short-term care
• Future medical treatment
• Moving expenses related to transferring to a new facility
• Mental health counseling
• Pain and suffering
• Emotional distress
• Reduced quality of life

If a nursing home resident dies as a result of an elopement, their survivors may pursue a wrongful death lawsuit.  Through this type of claim, you can recover money for funeral and burial costs, medical expenses, loss of services, lost inheritance, loss of parental guidance, and the deceased’s pain and suffering. 

As seasoned New York nursing home abuse and neglect attorneys, our main priority is helping our clients and their families get justice. We will thoroughly investigate the case, gather evidence, and research the law to build the strongest possible case for compensation. 

If your loved one was hurt after eloping from their nursing home or care facility, we can help. Reach out to our law firm today to schedule a free, confidential consultation with a member of our legal team.

Contact a New York Nursing Home Abuse Attorney

Elopement can be incredibly dangerous, particularly for nursing home residents who might be confused, disoriented, or struggling with mobility issues. When a resident leaves a nursing home facility without the knowledge or supervision of staff, it is almost always a matter of nursing home neglect. Our law firm can advocate for you and help you get the compensation that you deserve for your losses.

At the Law Offices of Thomas L. Gallivan, PLLC, our practice focuses on the protection of the rights of the elderly. If you or a loved one has been injured in a New York nursing home, please contact us for a free initial consultation. There is no fee unless money is recovered on your behalf. All costs of investigating the claim are borne by our firm.