When you place a loved one in a nursing facility, you expect them to receive proper care and supervision. That is especially true when your loved one has dementia, memory problems, or another condition that may cause confusion.
But what happens if your loved one wanders outside the facility, gets hurt, and the nursing home could have prevented it from occurring?
In some cases, the nursing facility may be held responsible for the injuries. The answer depends on what the facility knew about the resident’s risk, what safety measures were in place, and whether staff failed to provide proper care.
What Is Wandering and Elopement?
Wandering generally refers to a nursing home resident walking around without a clear purpose or repeatedly moving through certain areas. Elopement occurs when a resident leaves a supervised area or the nursing facility without staff knowing or providing proper supervision.
Leaving a nursing facility can expose a vulnerable resident to serious dangers. They may fall, walk into traffic, become lost, suffer from extreme heat or cold, or experience another medical emergency.
Residents with dementia or other cognitive conditions may face a higher risk because they can become confused about where they are or believe they need to return home.
When Can a Nursing Facility Be Held Responsible?
A nursing home is not automatically responsible every time a resident wanders away. A legal claim generally requires evidence that the facility failed to provide reasonable care and that this failure contributed to the resident’s injury.
For example, a facility may have reason to know that a resident was at risk of wandering because of a prior incident, medical condition, or behavior. If staff then fail to take reasonable precautions, the facility may face a negligence claim.
Concerns may include inadequate supervision, unsecured exits, broken door alarms, poor staffing, failure to follow a resident’s care plan, or failure to respond after a previous wandering incident.
The facility may also have a duty to assess a resident’s risk and update the resident’s care plan when their condition or behavior changes.
What Injuries Can Happen After a Resident Wanders Outside?
A resident who leaves a nursing facility may face dangers that wouldn’t exist in a supervised setting.
A fall can result in broken bones, head injuries, or other serious harm. A resident who enters a roadway could be struck by a vehicle. Someone who remains outside for too long may suffer dehydration, heatstroke, hypothermia, or frostbite.
These injuries can be especially serious for older adults. Some residents may already have health conditions that make recovery more difficult.
If your loved one suffered an injury after leaving a nursing facility, it may be important to determine how long they were outside, how they left, who was supposed to supervise them, and what the facility knew about their risk.
How Do You Prove Nursing Home Negligence?
A nursing home negligence claim usually depends on evidence. The family may need to show that the facility owed the resident a duty of care, failed to provide appropriate care, and that the failure contributed to the injury.
Records can help establish what happened. These may include the resident’s medical records, care plan, nursing notes, staffing records, incident reports, security footage, and records concerning door alarms or other safety systems.
Prior incidents can also matter. If a resident had wandered before and staff knew about the risk, the facility may have had reason to take additional precautions.
For families concerned about possible neglect, learning the warning signs can help. For more information, please see our previous blog post, What is the Difference Between Nursing Home Abuse and Neglect?
What Should You Do After a Wandering Incident?
Your loved one should receive medical attention for any injuries. Ask the facility for information about what happened, including when the resident was discovered missing and when staff found them.
Document visible injuries and keep copies of medical records and communications with the facility. You may also want to request information about the resident’s care plan and previous wandering incidents.
If you believe poor supervision or another form of neglect contributed to the incident, speaking with an attorney can help you understand your legal options. You can also learn more about what to do when you suspect neglect in our previous article, Spotting Nursing Home Abuse: What to Do Next.
Can a Family Recover Compensation?
If negligence caused your loved one’s injuries, the family may be able to seek compensation for losses related to the incident. Depending on the circumstances, this may include medical treatment, rehabilitation, pain and suffering, and other damages.
The specific damages available depend on the facts of the case and West Virginia law.
You should never dismiss a wandering incident simply because your loved one walked out of the facility. The key question is whether the nursing facility knew or should have known about the risk and failed to take reasonable steps to protect the resident.
If your loved one was injured after wandering outside a nursing facility, we can review what happened and help your family understand its legal options.
Was Your Loved One Injured After Wandering From a Nursing Facility?
If your loved one wandered away from a nursing facility and suffered an injury, you may have questions about what happened and whether the facility failed to provide proper care. The Love Law Firm can review the incident and help you understand your legal options.
Call The Love Law Firm at (304) 344-5683 or contact us online to arrange a free consultation.
