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Preventing Wandering and Elopement in Nursing Homes: Legal Obligations and Remedies

More than 7 million Americans are currently living with Alzheimer's disease. By 2050, this number is expected to increase to nearly 13 million.

This is a statistic that nursing homes need to understand because Alzheimer’s disease is the most common type of dementia. Patients who have dementia are more likely than others to engage in wandering and elopement.

Wandering occurs when a cognitively impaired resident moves inside the nursing home facility freely, causing them to possibly enter into harm’s way. Elopement occurs when residents who are incapable of protecting themselves from harm are able to leave the facility unsupervised and unnoticed.

Wandering and elopement are serious issues that should never happen in a nursing home. If a resident ends up getting seriously injured or killed, the nursing home could be considered negligent. The family could sue the nursing home and any other liable entities and receive compensation for their loved one’s damages.

Here is a look at what nursing homes should do to prevent wandering and elopement and what options families have if their loved one has been harmed by a nursing home’s neglect.

Resident Assessments

Nursing homes should perform regular assessments on residents to help identify those at risk due to dementia, Alzheimer’s disease, or other cognitive impairments. These assessments should evaluate memory, judgment, and decision-making skills. They should be updated after hospitalizations or changes in health status. They should also document any history of wandering or attempts to leave the facility. By understanding which residents are at higher risk, staff can supervise at-risk residents accordingly.

Care Plans

Individualized care plans are essential to managing behaviors and meeting residents’ emotional needs. These care plans should incorporate structured daily routines to reduce anxiety and boredom. They should include triggers that may cause agitation or confusion (such as noises or medication side effects and outline calming strategies and therapeutic activities such as music therapy and sensory rooms.

Environmental Controls

Environmental controls are crucial. Nursing home administration should design the facility environment in a way that reduces opportunities for elopement. For example, they can install doors with keypads, alarms, or delayed egress locks to prevent unauthorized exit. They can install surveillance such as motion sensors, door alarms, and CCTV to monitor exit points and high-risk areas. There should be walking paths or gardens to allow residents freedom to move safely, as well as signage and color coding to help reduce confusion.

Staff Training

A well-trained staff can prevent elopement. Training should cover:

  • Recognizing early signs of wandering behavior (such as restlessness, pacing, asking about going home).

  • De-escalation techniques to calm agitated residents.

  • Following the protocol for monitoring, documenting incidents, and communicating with other team members.

Technology Solutions

Technological tools can help monitor and protect residents without being overly intrusive:

  • Wander management systems: RFID-enabled wristbands or ankle bracelets alert staff if a resident nears an exit.

  • GPS tracking: GPS devices can help monitor the location of residents who may leave the facility for walks.

  • Pressure mats and bed alarms: These notify staff when a resident leaves their bed or room unexpectedly.

  • Geofencing systems: Automatically send alerts when residents cross designated boundaries.

Family Involvement

Families are valuable when it comes to preventing elopement. It’s important for nursing homes to encourage visits and participation. Facilities should communicate openly with families about a resident’s behavior, triggers, and risk status. They should involve them in developing care plans. They should also educate families on the signs of elopement and facility safety measures.

Emergency Protocols

Despite all precautions, elopement can still occur. Facilities must have:

  • A missing resident policy with clear step-by-step instructions for staff to follow.

  • Roles for staff during a search.

  • A detailed log of resident clothing, recent behavior, and photos to aid in identification.

  • Regular drills and reviews of procedures.

What Can Families Do?

If your loved one becomes a victim of wandering or eloping in a nursing home, you have several important steps you can take to ensure your relative’s safety and prevent future incidents:

  • Ensure immediate safety and medical attention. Make sure your loved one receives a full medical evaluation after the incident. Check for any injuries, signs of exposure, dehydration, or emotional trauma.

  • Request an incident report. Request a detailed report from the facility showing how the incident happened and how your loved one was found. Request documentation including the time of elopement, staff response, duration, and environmental factors (such as broken alarms or unlocked doors). Review any surveillance footage, if available.

  • File a formal complaint. Contact the long-term care ombudsman or health department to report the incident. You should also file a complaint with the Centers for Medicare & Medicaid Services if the nursing home is federally regulated. These actions can trigger inspections and require the facility to improve safety measures.

  • Consider legal action. If the incident caused harm or was due to negligence, families may want to consult a nursing home abuse attorney. A lawyer can review your case and determine if there are grounds for a lawsuit based on insufficient supervision, poor training, or failure to secure the facility.

  • Change the care plan. Insist that your loved one’s care plan be immediately updated to address the risk of elopement. This might include increased supervision, use of monitoring devices, behavioral therapies, or room relocation closer to the nurses’ station.

  • Evaluate the nursing home. If the incident reveals issues like understaffing or poor security, consider whether the facility remains a safe place. Research alternatives and review inspection reports.

Contact Newman Law Group Today

Wandering and elopement are serious issues that can cause a lot of harm to nursing home residents. Plus, allowing residents to engage in these activities is considered a form of negligence.

Any caretaker who demonstrates negligence by letting the patient wander or elope may be held responsible for elder abuse. If this has happened to your loved one, seek legal help from a Sacramento elder abuse attorney from Newman Law Group, LLP. We understand this is a frustrating situation, and we will work to fight for justice on behalf of your loved one. Call (916) 352-3181 or fill out the online form to schedule a consultation with our office today.