Nursing Home Elopement: Legal Implications & Liability

When you place a loved one in a nursing home, you expect constant care and safety. Elder abuse prevention legal services become critical when nursing home elopement occurs, meaning a resident leaves the facility without supervision or notice. These incidents expose residents to serious danger and often lead to tragic outcomes.

Is There a Difference Between the Terms “Wandering” and “Elopement”?

When a resident leaves a safe area, going from their room to another floor or space, it is defined as wandering. Although it may seem safe enough since they have not gone out altogether, having residents wandering around unsupervised may lead to the resident falling and can also lead to their leaving the facility, which is referred to as elopement.

Why Do Residents Tend to Wander?

A wandering nursing home resident may just be walking around with no purpose in mind because they feel stressed or bored, or maybe walking with a specific purpose in mind, such as to find a nurse.

Another reason many nursing home residents wander is that they are confused and think they are able to return home. This is typical of people with Alzheimer’s Disease or dementia.

Why Is Elopement Dangerous?

What goes on in the mind of someone who elopes in a nursing home may be difficult to determine. However, a resident who has eloped may simply be trying to go to a home that no longer exists, or visit a relative that has passed a long time ago. Sadly, once a nursing home resident leaves the facility, they may find themselves in high-traffic areas or encounter extreme weather.

While lost, nursing home residents are often likely to:

• Not get food or water
• Miss medication doses
• Or fall and injure themselves

Eloping from a nursing home is extremely dangerous.

What Are the Main Risk Factors for Wandering and Elopement?

Neurological Disorders

Degenerative neurological conditions, such as Alzheimer’s disease or dementia, can increase the risk of wandering behavior since the affected individual often “forgets” where he or she is and where he or she is going.

These conditions can cause a person to:

• Wander aimlessly
• Engage in random and haphazard travel
• Or travel in a repetitive pattern around a given path

Those with more severe diseases often exhibit more pronounced and potentially more dangerous behavior, as these individuals often lack a sense of danger and are unable to perceive the potential for harm in a given situation.

Problems sleeping through the night can also lead to cognitive impairments and can cause an uptick in daytime ambulation (walking and moving) and wandering. Certain medications can disrupt sleep patterns and can be a contributing factor.

Other medications, usually prescribed for treating or managing neurological conditions, can also increase the risk of wandering behavior as well.

Psychological Issues

Depression and agitation are two of the most common psychological causes for elopement behavior. Upon arrival at the nursing home, a new resident may be consumed by anger at the change in circumstances or may be scared of his or her new living arrangement.

These feelings can encourage a resident to attempt elopement from the facility, which can be dangerous and detrimental to his or her safety. The resident usually does not have a plan for escape or any idea what he or she will do after escaping. Elopers are merely driven by their desire to leave.

Other psychological factors can also cause a resident to elope or wander to alleviate these feelings, such as:

• Lack of self-control
• An uncontrollable sense of boredom
• Stress
• Or anxiety

Environmental Factors

There are many environmental factors that can trigger wandering and elopement in those nursing home residents who are at risk for engaging in such behavior. For instance, “cues to leave,” such as seeing a jacket and keys by the door, may trigger the impulse in a cognitively impaired individual to leave, just like seeing a bus station can trigger the impulse to ride the bus to get home.

Similarly, sometimes wanderers are drawn to investigate something, and then become distracted, eventually wandering off. Unfamiliar places can cause anxiety, which can instigate wandering behavior as the resident tries to “find his or her way” to someplace more familiar.

Is Elopement Preventable?

If adequate policies and procedures are in place, nursing homes and other care facilities are properly staffed, employees are trained to be on the lookout for wandering and elopement, and have a plan to maintain a safe environment, elopement can be prevented.

Residents should also:

• Be monitored and supervised by the staff
• Be cared for with a comprehensive plan
• Receive proper supervision and assistive devices aimed at preventing accidents
• Participate in activities that improve their quality of life
• Live with respect and dignity
• Live in a place that uses its resources efficiently and effectively

A Safe Environment Can Be Created

Simple steps can be implemented to create a safe environment to prevent resident elopement, such as:

• Having a floor plan that is easy to understand and navigate
• Installing an alarm system
• Using night lights throughout
• Not using rugs that can turn into trip hazards
• Having the required staff
• Keeping strict records of residents
• Conducting several checks every day
• Locking doors
• Installing video surveillance at exit points

One of the main culprits of elopement is when a facility is understaffed. If residents are unattended or unsupervised for long stretches of time, they tend to wander and, eventually, might elope and suffer detrimental consequences.

Legal Implications of Nursing Home Elopement

Nursing homes have an ethical and legal obligation to ensure the safety and well-being of their residents. This duty extends to taking preventive measures to avoid elopement incidents. When a nursing home fails to implement adequate safety measures, or when staff neglect their responsibilities, they can be held liable for any harm to a resident that results from elopement.

Illinois law requires nursing homes to assess the risk of elopement for every resident and implement appropriate measures to prevent such occurrences. For families dealing with the aftermath of a nursing home elopement incident, consulting a Chicago nursing home neglect attorney can provide insight into the legal avenues available.

Liability in Nursing Home Elopement Cases

When a nursing home resident elopes and suffers injury or trauma, the facility may be held liable under various grounds such as negligence, breach of contract, and violation of the nursing home laws in Illinois. The nursing home could be deemed negligent if it is proven that they failed to assess the resident’s elopement risk adequately, did not have sufficient staff or training, or failed to implement necessary safety measures.

In determining liability, the court may consider factors such as the resident’s mental state, the nursing home’s adherence to standard procedures, and the circumstances leading to the elopement.

Filing a Legal Claim: The Role of an Illinois Nursing Home Abuse Attorney

Families who believe that a loved one has suffered due to nursing home elopement can seek legal retribution. This often begins with a thorough investigation into the circumstances of the elopement, including reviewing security footage, staff logs, and resident care plans.

A nursing home abuse attorney can guide families through the process of filing a lawsuit, gathering evidence, and representing their interests in court.

Conclusion

Nursing home elopement is a serious concern, with potential legal implications and liabilities for the facilities involved. Understanding residents’ rights and the duties of nursing homes is key to preventing harm and ensuring accountability when issues arise, and Illinois elder abuse attorneys for nursing homes can help protect those rights.

The Rooth Law Firm, knowledgeable in cases related to nursing home abuse in Illinois, offers experienced legal counsel for families navigating the complexities of nursing home elopement cases. Ensuring the safety and dignity of our loved ones in nursing homes is not just a legal obligation but a moral one, and understanding nursing home elopement is a step in the right direction.