In the world of nursing homes, there should more important than patient safety and security. Unfortunately, some seniors pose hazards to both themselves and others. Nursing homes must treat these patients with care and respect, and a common failure in care involves “elopement.” If your loved one has experienced this neglect, an experienced Cleveland nursing home abuse lawyer can help you pursue the justice you deserve.
What Is Nursing Home Elopement?
Elopement occurs when a patient exits a nursing home without the knowledge of staff members.
Essentially, elopement is a way of saying that a senior has escaped from the nursing home – something that may become extremely dangerous, especially for patients with dementia. You might also hear the term “wandering” in the context of elopement, and this term highlights the fact that these escapes are usually unintentional. A senior might simply wander out of an open door and continue in a state of confusion.
Is Elopement a Form of Nursing Home Abuse?
Elopement is one of the most subtle forms of nursing home abuse. Other examples of abuse may be more obvious, such as physical or financial abuse. However, elopement can lead to serious harm for elderly patients – and it is often a direct result of negligence.
One of the most basic requirements for long-term care facilities is security. A patient should not be able to simply wander out of a nursing home without anyone noticing. Elopement could be explained by a range of misconduct – including understaffing issues.
Lack of supervision is a common reason for elopement. Like all states, Ohio has strict requirements for staff-to-patient ratios. These laws exist for a reason, and staff may struggle to keep an eye on too many patients at any given time. The ratio of staff members to seniors should remain high even at night, as seniors may be more likely to wander out of their facilities at this time.
Elopement may also be caused by non-functional or non-existing security features. For example, a resident should not be able to simply walk out of a front door that slides open automatically.
Additional layers of security may also be necessary, such as contained wings and surveillance cameras.
Sometimes, elopement occurs after residents leave their facilities on organized “field trips.” For example, a nursing home might take their patients to visit a local park or community center.
Security is particularly important during these day trips, as seniors may have more opportunities to slip away.
Ultimately, a nursing home abuse lawyer can help families determine what kind of negligence led to their loved one’s elopement. Each case is slightly different, and you may need to gather various forms of negligence when pursuing an elopement lawsuit.
Why Is Nursing Home Elopement So Dangerous?
Nursing home elopement is particularly dangerous for seniors who wander away from the safety of their facilities. These individuals often have dementia, and they may wander for miles in a state of complete confusion. During their elopement, they may become vulnerable to various hazards.
For example, a senior might be struck by a passing vehicle after wandering into the road. They might also fall on an uneven sidewalk, or slip in the snow. These accidents can easily prove harmful or even fatal, and the nursing home could be liable for allowing the initial security breach.
Seniors with dementia may struggle with bouts of anger. When they become lost and confused, these violent episodes could be more likely – and they may get into physical altercations with people as a result. This could cause them to suffer assault-related injuries.
Sometimes, there is no specific accident. Instead, seniors simply walk for miles and collapse due to exhaustion or hypothermia. Often, seniors walk without adequate clothing – perhaps with no shoes or winter coat. This is a highly distressing thought for any family who has a loved one housed in a nursing home.
Should I Sue a Nursing Home for Elopement?
Many families may feel reluctant to sue after their loved one suffers harm after an elopement incident. However, a lawsuit could provide much-needed compensation for serious damages. If the elopement incident proved fatal, the family may face considerable funeral costs – and a lawsuit can help them cover these expenses.
If the elopement incident resulted in serious injury, the family may face new medical costs. You may feel that it’s unfair for the nursing home to pass these costs on to you, especially if they allowed your loved one to elope through obvious negligence. Again, a nursing home abuse lawsuit can provide compensation for these additional medical costs.
A lawsuit may also provide compensation for non-economic damages. These damages represent your family’s emotional and psychological stress – issues that can become quite severe after an elopement incident. If your loved one died after wandering out of their facility, you might be struggling with grief and emotional distress.
Lawsuits do more than simply provide you with compensation. They also hold nursing homes accountable, forcing them to accept responsibility for the harm they’ve caused. If you neglect to take legal action, the nursing home may continue to allow other seniors to wander free and suffer harm. Filing a lawsuit helps keep the entire community safe, and it may provide justice to families struggling with the loss of their loved ones.
Can a Nursing Home Lawyer in Ohio Help After My Senior Eloped?
If your loved one has been harmed after leaving a long-term care facility, a nursing home elopement lawyer in Ohio may be able to help. These legal professionals are familiar with all forms of nursing home abuse, including negligent security practices. Regardless of what a nursing home representative might be telling you, these situations are completely preventable – and you are entitled to take legal action. Contact Tittle & Perlmuter today to learn more about your legal options – and pursue justice now.
