Elopement – when a nursing home resident leaves the facility – is a serious concern, often leading to severe injuries. Those with cognitive impairments like dementia or Alzheimer’s disease are particularly at risk for elopement.
You may think resident elopement is an accident, and no one is responsible, but that is a misconception. Florida facilities have a legal duty to look out for vulnerable residents, and that includes preventing elopement.
Risks and consequences of elopement
When a resident leaves the safety of a nursing home, they face numerous dangers. They may become disoriented, leading to falls, injuries or even death. Exposure to harsh weather conditions, traffic accidents and the inability to find food or shelter are additional risks.
In some cases, residents may suffer from dehydration, hypothermia or heatstroke. The emotional trauma of being lost and alone can also have serious effects.
Is it abuse or neglect?
When a resident flees a nursing facility, it may be considered either abuse or neglect, depending on the circumstances.
Neglect occurs when the nursing home fails to provide adequate supervision and security to prevent elopement. Examples include insufficient staffing, lack of proper training and inadequate safety protocols.
On the other hand, if a staff member intentionally allows a resident to leave the home or fails to take action to prevent it, it might be considered abuse.
Legal remedies in Florida
If elopement results in injury, the nursing home resident, or you as a family member, can pursue legal action. A successful negligence lawsuit could yield compensatory damages for medical expenses and possibly pain and suffering damages. These remedies serve as restitution, allowing you to find a safe, comfortable home for your loved one.