Illinois Officials Begin Examination of Nursing Home Procedures Following Elopement Of Alzheimer's Patient

winterThe Chicago area has been struck by a snap of arctic weather lately.  It’s the kind of weather that quickly brings a chill to every part of your body regardless of how quickly you can do what needs to be done and get back to a warm area. 

When I read news clippings about a downstate nursing home patient who wandered from a facility into these cruel temperatures, I couldn't help but cringe as I knew more bad news would follow.

Sadly, I was correct. 

The body of the 75-year-old nursing home patient, identified as Aubrey Giles, was found in a creek located just a block away from Midwest Rehabilitation and Respiratory Care in Belleville, IL.  The elements were simply too much for that man to bear, and a medical examiner has ruled Mr. Giles died from exposure-related hypothermia.

In response to this unfortunate incident, officials from the Illinois Department of Heath have descended upon the Southern Illinois Nursing Home to begin an investigation into matter.  Much of the investigation will focus upon Mr. Giles' care plan created by the facility to best serve the his needs. 

Because many Alzheimer’s and dementia patients are considered to be elopement risks, I presume the state’s investigation will closely review what type of safeguards were ordered under the care plan for this patient vs. the safeguards (such as door alarms, wanderguards and gps tracking bracelets) that were actually in place at the time Mr. Giles wandered from the facility.  In  addition to safeguards, I would anticipate most of the staff on duty at the time of Mr. Giles incident would be questioned about their knowledge of his past behavior in addition to the circumstances of the day in question.

While wandering safeguards will indeed be reviewed, according to news reports surrounding this incident, the timeliness of the facilities notification of officials following the known departure of Mr. Giles’ departure from the facility appears to be within the boundries of the law.  Amazingly, while officials from Midwest Rehabilitation discovered Mr. Giles missing at three in the afternoon--- it was not until 7:30 that evening that the facility notified Department of Health officials.  Yet, this scheduling is completely legal.

Moreover, despite the fact that nursing home workers knew their patient with diminished capacities went into the frigid elements, no local police departments were contacted to help in the search for this missing patient-- again completely legal under the present laws.

Situations such as this shout the need for state lawmakers to begin to reevaluate the nursing home laws applicable to the tens of thousands vulnerable patients in Illinois whom are completely reliant on facilities for every part of their subsistence.  I find that fact that a nursing  home can use their own methods to locate a missing patient for 23-hours after they go missing downright shocking.  If a similar incident were to occur with a child leaving his home, I have little doubt the the public outcry over such an incident would be deafening. 

Related Nursing Homes Abuse Blog Entries:

Investigation Initiated After Suspicious Nursing Home Death, Involving Patient Wandering and Drowning

Too Little, Too Late. Nursing Home Submits Corrective Plan After Disabled Patient Wanders From Facility To His Death

State Fines Nursing Home Where Patients Drowns In Puddle In Front Of Facility

Lack Of Door Alarms Allows Assisted Living Patient To Wander To Her Death

Nursing Home's Conduct In Wrongful Death Case Angers Jury---- To The Tune Of $200 Million

After hearing the evidence in a wrongful death lawsuit involving an elderly woman's fall at a Florida Nursing Home, a jury became so enraged by the conduct of the facility--- that they chose to punish them the only way they could-- by handing down a huge verdict against the facility.

The trial centered around the care--- or perhaps lack thereof-- that a 92-year-old woman received at Pinellas Park Care and Rehabilitation Center during an admission to the facility in 2004.  It was during that admission, that the staff at the facility allowed the woman to wander in her wheelchair to an unsecured stairway where she fell down multiple stairs to her death.

In addition to the oversight in allowing this patient-- with known wandering propensities--- to wander away from a group of patients at the facility, staff failed to notice the woman's whereabouts even though she was equipped with multiple alarms to alert the facility as to her whereabouts.

According to news reports regarding this landmark nursing home verdict, within just an hour of deliberations the jury awarded the woman's estate $60 million in compensatory damages and $140 million in punitive damages.

Given the impressive award, my guess is that the jury became quite angered after hearing about the was that this facility was operated.  Testimony provided by former employees of the nursing home described a facility was was under-staffed and that allowed problems to develop in the past when the patient suffered other falls and injuries at the facility.  

Related Nursing Homes Abuse Blog Entries:

Wheelchair Patient Falls To Death Down Un-secured Staircase In Nursing Home

Staff Need To Protect Disabled Nursing Home Patients As They Transport Them In Wheelchairs

Unattended Nursing Home Patient Falls Down Stairway In Wheelchair

Fall Leaves Veteran With Broken Neck In Illinois Nursing Home

Investigation Initiated After Suspicious Nursing Home Death, Involving Patient Wandering and Drowning



                                             

Sometime during the night of November 3rd., 43-year-old Hong Lin wandered from the Trempealeau County Health Care Center in Whitehall, Wisconsin. Police spent the next three weeks combing the surrounding woods with K-9 units, trying to track Lin’s scent.

A hunter found Lin in the nearby Trempealeau River on Sunday, November 27. How or why Lin wandered from the home is still a mystery, according to an article in the Winona Daily News.

Set among rolling hills in picturesque Northwest Wisconsin, the Trempealeau County Health Care Center seems like the perfect place in which to receive care and rest. Its ratings on Medicaid’s national “Nursing Home Compare” Web site are unusually high, and it’s received few violations from the Wisconsin Health Department. The home’s been operational for more than 20 years.

So how could such an established care center - with only 34 beds - literally “lose” one of its patients?

I suspect it might have something to do with Wisconsin’s lax wandering laws. No laws dictate how often a patient at a center must be checked on. Nor do any laws establish when patients can leave a facility.

As a lawyer who’s worked on a number of wandering cases, I’d strongly suggest that families of relatives who’ve wandered contact the state Health Department as soon as a relative’s gone missing. Since nursing homes tend to have high staff turnover rates, the onus of finding out the truth often rests on families’ shoulders. I’ve found that early investigations tend to result in faster resolutions in court.

If you think you have grounds for a wandering lawsuit, I’d be honored to speak with you. All of our initial consultations are free and confidential.

Related Nursing Homes Abuse Blog Entries:

Wisconsin to Ease Nursing Home Penalties

State Fines Nursing Home Where Patient Drowns in Puddle in Front of Facility

Jonathan Rosenfeld Interviewed About Wandering

Nursing Home Spotlight: Emeritus at Prospect Heights; Prospect Heights, IL


                                                
On June 9, 2011, the Illinois Department of Health issued a “Type A” violation and $25,000 fine against the Emeritus at Prospect Heights Nursing Home, in Prospect Heights, Illinois. The sanctions are in response to an incident that occurred on February 22, where a male resident wandered out of the home and was struck and killed by an SUV.  

According to a survey from April 14, multiple eyewitnesses saw the incident occur. Those from outside the nursing home said the man spent a significant amount of time wandering in the street before he was hit. Despite having an “alert departure” bracelet on his right ankle, no one from the nursing home staff noticed his leaving. The nurse that had placed the anklet on him failed to notify the attending physician about the bracelet, as required by law.

Along with this disturbing and unacceptable incident, Emeritus was also found to have several other dangerous deficiencies. Recent surveys discovered that Emeritus rarely checks its “crash carts,” or emergency stand-alone medical stations.

“Crash carts” are an essential component of any nursing home, since they provide emergency medical equipment in the case of a heart attack, or other life-threatening situation. By law, they should be checked and monitored every day. In April, however, Emeritus checked the contests of its crash carts on only seven days.

Surveyors also found that nurses frequently didn’t follow proper hand-washing procedures, particularly after handling garbage, performing genital washing, and touching patients’ shoes.

For such a small (30 bed) facility, that prides itself on seniors’ independent living, I was frankly quite surprised to see so many serious violations. However, I shouldn’t be too shocked, given that there have been several instances in the past years of Emeritus homes not being up to standards.

If you or your loved one was abused or mistreated at an Emeritus home, we would honor the opportunity to speak with you regarding your legal rights.

Resources:

Admissions Suspended at an Emeritus Assisted Living Facility Following the Discovery of Medication Errors, Bed Sores, and Falsified Medical Records

Elderly Man Hit, Killed by SUV Outside Nursing Home Chicago Tribune February 23, 2011

Too Little, Too Late. Nursing Home Submits Corrective Plan After Disabled Patient Wanders From Facility To His Death

missing nursing home patientOne of the most basic safeguards a nursing home can implement to protect its patients --- regardless of the patients overall condition--- is to have staff available to supervise and periodically check on patients while they are actively engaged in activities as well as when they are resting.

While some activities may command supervision from a person specifically trained to care for a particular condition, most daily supervision can be done by any employee that is alert.

With patients who may be at risk for a particular complication, supervision may need to be completed at regularly scheduled intervals or--- in some cases--- constantly.  

Obviously, it is important for nursing home staff to understand the frequency with which patients need to be monitored and staff need to be educated on which patients may need more assistance than others.  

The concept of properly looking after patients was impressed upon me again after I learned more about a recent nursing home tragedy when a nursing home patient wandered to his death.  Weeks after his initial elopement from Falmouth Nursing Home (a nursing home in Kentucky) the body of a 32-year-old patient at the facility was discovered by in the woods by hunters in the area.  

An investigation conducted by state officials determined that the man who eloped suffered from a brain injury and other psychiatric disorders--- yet during the time he eloped from the facility, there was at least a three hour period where no staff checked in on the man.

Though staff may have assumed this man was asleep or resting, this simply is not a satisfactory assumption to make when a patient has a brain injury or other impairments that diminish his ability to function lucidly.  Further, given the man's youth and physical strength, staff surely needs to appreciate the risk of elopement or self injury during periods he was unaccounted for.

In response to this wandering case, staff at this Kentucky nursing home will be educated on monitoring the whereabouts of their patients.  An outside nurse-consultant will help ensure that such policies get implemented properly.

Too bad such planning was never implemented in anticipation of an incident such as what occurred above.  Too little, too late. 

Read more about this nursing home elopement case here.

Related Nursing Homes Abuse Blog Entries:

What good are nursing home fines when they're not enforced?

Another Assisted Living Patients Wanders From Facility To His Death

Hypothermia Confirmed As Cause Of Death In Nursing Home Wandering Case

Nursing Home Patient Dies When Struck By Car In Busy Street. What Was He Doing There?

Criminal Charges Brought Against Nursing Home Workers Who Allowed Resident To Freeze To Death

Criminal charges have been brought against three nursing home workers on duty the night an Alzheimer's patient wandered from Texas nursing home to his death.  The three were employed in various capacities at a facility known as Tumbleweed Nursing Home on the evening of February 3rd of this year.

Surveillance video from the nursing home demonstrated that an Alzheimer's patient that the staff was responsible for supervising wandered without any intervention from the safety of the nursing home into the frigid outside temperatures.  Hours after the patient left the nursing home, he was found dead outside.  An autopsy revealed that the man's death was related to hypothermia.

After evaluating the evidence related to this nursing home death, a Grand Jury determined that there was sufficient evidence for to prosecute the workers on charges related to injury to the elderly, a third-degree felony.

Like other situations involving injuries to a nursing home resident, the family of this deceased nursing home patients may also elect to pursue a civil lawsuit against this facility based upon the negligence in supervising their loved one.  Unlike a criminal case, families in a civil case may recover money damages for the loss of their loved one.  Read more about the criminal charges pending against these nursing home employees here.

Related Nursing Homes Abuse Blog Entries:

Hypothermia Confirmed As Cause Of Death In Nursing Home Wandering Case

Elderly Woman Wanders From Her Convalescent Home To Her Death

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

Alzheimer's Resident Dies Hours After Escaping From Illinois Nursing Home

Breakdown In Care At Assisted Living Facility Proves More Deadly Than Patient's Dementia

For three years, the family of 85-year-old Aurora Navas ( a dementia patient) unsuccessfully sought information about her drowning death at an assisted living facility in Florida.  Even after pleading with regulatory agencies for an investigation into why their mother drowned, their pleas for the details surrounding their mother's death fell on deaf ears.

Then, in the wake widely publicized investigative report from The Miami Herald concerning the lack of investigations into injuries and deaths at assisted living facilities throughout the state, an investigation into the suspicious death was initiated.

The investigation recently completed by the Department of Children & Families cites many errors made by the adult care facility that collectively contributed to Ms. Nava's drowning death in a pond adjacent to the facility.   Despite claims from the facility that all elopement precautions were in place at the time of Ms. Navas' death, state investigators uncovered the following:

  • Broken surveillance cameras
  • Sleeping staff
  • Out of order door alarms
  • Unlocked gate leading to a pond

While I'm sure this family is saddened by the blatant safety lapses discovered by state investigators, I hope that the findings bring some closure to this tragedy.  If anything positive can come of this tragedy, I hope that these findings reinforce the need for timely investigations on the part of regulatory authorities.  How many other untold tragedies were perpetuated upon innocent people at this ALF during the three years following Ms. Navas' death?

Related:

Family Sues Florida Nursing Home For Death Of Wandering Resident

Assisted-living facility blamed in woman’s drowning death, Miami Herald, July 16, 2011

Abuse & Cover-Up At Assisted Living Facility Caring For the Disabled

State Fines Nursing Home Where Patients Drowns In Puddle In Front Of Facility

puddleWandering in a potentially deadly problem for nursing home patients with dementia and other medical conditions that make them unable to appreciate the dangers around them. 

While not a common problem, wandering from nursing homes puts particularly vulnerable patients at risk for harming themselves when they find themselves in the outside world with no one to look after them.

Just 200 feet from the doors to the nursing home where she was a patient, a 92-year woman left the facility without the knowledge of the facility staff and managed to fall into a shallow puddle nearby and drown.  Authorities from the North Carolina Division of Health Service Regulation have issued a $20,000 fine against, Bradford Village of Kernersville, the facility that was to be supervising the woman.

In the course of the agencies investigation, it was determined that the facility made numerous errors when it came to ensuring the safety of the woman.  In particular, the investigation revealed:

  • The staff at the facility failed to conduct regular inspections of the woman's room to help track her whereabouts.
  • Numerous code violations regarding errors made the physical environment, personal care and supervised.
  • Door alarms at the facility were de-activated to allow staff to easily exit the facility to smoke cigarettes.
  • Supervisors at the facility unaware of safety protocols.
  • Staff failing to appreciate the fact that the woman suggested that she wanted to leave the facility earlier in the evening

Certainly, tragedies such as this, are reminder of the necessity of all facilities that care for patients who have dementia or other medical conditions that make them unable to appreciate their surrounding dangers. 

Having worked on a number of nursing home wandering cases, I always encourage families to report the situation to the state department of health so an into the incident can be investigated in a timely manner. 

Given the fact that many nursing homes have extraordinarily high staff turnover rates, conducting a timely investigation and obtaining statements from staff is especially important.  Frequently, I cite these early investigations as a primary reason why some cases can be resolved early on as opposed to protracted litigation.

Related:

Hypothermia Confirmed As Cause Of Death In Nursing Home Wandering Case

$821,000 Awarded To Family Of Deceased Assisted Living Patient Who Wandered From Facility

Wrongful Death Lawsuit Ensues After Nursing Home Patient Is Struck By A Freight Train

Chicago Nursing Home Cited For Multiple Violations Following Drowning Death Of Patient

Hypothermia Confirmed As Cause Of Death In Nursing Home Wandering Case

 

I remember the not-so-distant past when my four-year-old son was in his door playing mode. Doors would slam, hardware would break, but my wife and I were grateful as long as he stayed inside.  

Obviously, anyone seeing a toddler running around unchaperoned would (hopefully) call the police and advise them that his parents should be evaluated to see if they are in sound mind to care for their child!

Much like a child, elderly nursing home patients-- with conditions such as Alzheimer's and dementia-- face the same risks when they leave the safety of their facility and enter a world of unknown risks and dangers.  

Yet for some reason, facilities fail to employ the same standards when caring for these exceptionally vulnerable people.  

Another example of a skilled nursing facility failing to look after a patient comes out of Texas, where a patient was found dead hours after leaving the safety of his nursing home.

FOX 34 is reporting that, 71-year-old Willie Byers was found dead just four hours after walking away from Tumbleweed Care Center on February 3rd.  The morning Mr. Byers left the facility was during one of the coldest stretches in the area's history.  No surprise his death was due to hypothermia.

Currently this incident is still under investigation and no formal charges have been brought against the facility.  I hope that the investigation confirms the obvious-- that this facility was not doing an adequate job looking after its patients.

Related

Lack Of Door Alarms Allows Assisted Living Patient To Wander To Her Death

$821,000 Awarded To Family Of Deceased Assisted Living Patient Who Wandered From Facility

Assisted Living Facilites Need To Re-Evaluate If They Are Capable Of Caring For Dementia Patients

Nursing Home Injury Laws: Texas

Nursing Home Cover-Up: NY Aides Lied About Doing Their Jobs

As a nursing home lawyer, I spend a lot of time reviewing patient charts.  Particularly when it comes to evaluating cases, a thorough review of medical records is crucial for determining the important questions: Who? What? Why?  When? 

Occasionally, my chart reviews reveal more than I expect when: medication charts reveal that medication was administered for days after my client was transferred to another facility.  Or on one occasion, there were nurses’ notes for hours following a client’s death.

When I see serious charting errors, I makes me question not just the care surrounding a particular incident, but all care at the entire facility.

I applaud a recent case where criminal charges were filed against three nurses aides at a Bronx, NY nursing home who clearly lied about caring for patient who had wandered from the facility. 

After comparing the patient’s chart with a videotape from the facility, it was apparent that three aides at Beth Abraham Health Services lied about caring for the patient whom had already left the facility.

Thankfully, the patient was located safe shortly after a housekeeper at the nursing home reported she was missing to the police.  Nonetheless, the attorney general has filed charges relating to:

  • Endangering the welfare of a physically disabled person
  • Falsifying medical records
  • Willful violations of health law

No word on when these nursing home employees will face their trial, but the facility obviously didn’t think much about the criminal charges—or safety concerns for other patients---- these aides were reinstated after they were initially fired. 

Related:

Three nursing home aides lied about missing schizophrenic patient in wheelchair, NYDailyNews.com, February 24, 2011

Nursing Home Injury Laws: New York

Nursing Home Settles Lawsuit After Fraudulent Records Discovered

Admissions Suspended At An Emeritus Assisted Living Facility Following The Discovery Of: Medication Errors, Bed Sores & Falsified Medical Records

Judge Denies Assisted Living Facilities Request For Arbitration In Wrongful Death Lawsuit

Like all families placing a loved one in a nursing home, Erik and Ronald Kuentzel wanted the best for their mother after selecting Sunshine Villa Assisted Living Facility (Santa Cruz, California) for their mother's residence. 

With a known desire to walk, combined with the fact their their mother had dementia, the brothers knew of the importance of keeping close tabs on their mothers whereabouts.  In fact, the brothers purchased a device, known as a WanderGuard, from Sunshine Villa to help the facility keep tabs on their mother's whereabouts.  

Just hours after her admission to the facility, the elderly woman wandered from the facility.  She was found dead, three days later due to hypothermia.

After initiated a wrongful death lawsuit against the facility for their outstandingly neglectful care, the assisted living facility filed a request to have the matter resolved via binding arbitration.  

Recently, Santa Cruz Superior Court Judge Timothy Volkmann denied the assisted living facilities request, holding that due to the fact that the admission contract between the patients family and the facility did not require binding arbitration as claimed by lawyers for the facility.

My condolences go out to this family and I wish them the best in their lawsuit against this facility. 

Related:

Dementia Patient Found In Freezer At Assisted Living Facility: An Isolated Event Or Real Cause For Concern?

State Steps In After Second Episode Involving Patient Elopement At Same Facility

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

Sunshine Villa, Sued for wrongful death, thwarted in request for arbitration, The Mercury News February 8, 2011 by Jondi Gumez

Lack Of Door Alarms Allows Assisted Living Patient To Wander To Her Death

Another unnecessary death of an assisted living patient grabbed my attention in Greensboro, North Carolina.  News reports indicate 85-year-old Edith Purvis walked out the side-door at a Loyalton Assisted Living facility on December 24th.  She wasn't discovered missing until staff at the facility conducted a routine bed check.

Ms. Purvis wasn't located until several hours later when staff at the facility found her body close to the door she is believed to have exited from.  Despite efforts to resuscitate her, Ms. Purvis was pronounced dead upon arrival at Moses Cone Hospital.  Her death was primarily related to exposure to the freezing temperatures.

An investigation into the incident is underway by the North Carolina Department of Health and Human Service.  However, at this time, it is apparent that the facilities failure to equip exterior doors with a device known as a door alarm, allowed Ms. Purvis to exit the facility without the knowledge of the staff.  If the investigation by North Carolina Officials confirms the initial situation, it may face up to $20,000 in fines.

Wandering Cases

Wandering cases involving a death or severe injury to a patient at a nursing home or assisted living facility are a real tragedy simply because most cases could have been prevented with relatively basic safeguards.

When it comes to caring for people with dementia, many of which are able-bodied and active, facilities need to accurately asses if their facility is really capable of caring for them in the first place.  In order to provide a safe atmosphere for dementia and Alzheimer patients facilities need to have:

  • Door / Window alarms
  • Keep dangerous materials safe guarded
  • Have a system to track patients whereabouts
  • Train staff regarding how to re-direct patients

Related:

Swallowing Foreign Objects Is No Laughing Matter For Dementia Patients In Nursing Homes

$821,000 Awarded To Family Of Deceased Assisted Living Patient Who Wandered From Facility

State Steps In After Second Episode Involving Patient Elopement At Same Facility

Officials investigate death at assisted-living community, by J. Brian Ewing, News-Record, January 8, 2011

Wrongful Death Lawsuit Alleges That An Emertus Assisted Living Facilities Gross Neglect Of Dementia Patient Results In Death

window.jpgA wrongful death lawsuit has been filed against Ridgeland Assisted Living (Mississippi) and its parent company Emeritus Corporation following an incidnet at the facility when a dementia patient fell from a second story window.

The lawsuit, filed by the daughter of the deceased resident, claims that despite multiple assurances from the facility, they failed to supervise and provide necessary safguards to keep the 83-year-old safe.

According to the lawsuit (see PDF version below: Diane Phillips individually and on behalf of the wrongful death benefitiaries of Merle Fall v. Ridgeland Assisted Living LLC and Emeritus Corp.), Ms. Fall was admitteded to Ridgeland on February 25, 2010 with known problems related to Alzheimer's / dementia and a history of wandering from home.

Also at the time of admission, Ms. Phillips was assured by an employee of Ridgeland, Ashley Martin, that the facility was capable of safely caring for her mother and the facility would take the necessary steps to keep her mother safe.

Three days later, Ms. Phillips visited her mother to find her in a filthy condition with dirty clothes and was also informed by Ridgeland staff that her mother attemped to climb out of her second story room.  Again, Ridgeland assured Ms. Philips that it was capable of safely caring for her mother and they would take the necessary safeguards-- such as installation of window locks-- to keep her mother safe.

windowlock.jpgDepsite the assurances of safety, Merle Fall fell from a second story window on March 6, 2010-- just weeks after her previous attempt to get out of the window.  Ms. Fall sustained mutiple injuries including: a compound fracture of the left ankle and a subdural hematoma.  On March 9, 2010, Ms. Fall died from her injuries at a nearby hospital.

In addition to seeking compsatory damages of atleast $500,000, the Complaint also seeks punitive damages from each defendant for their reckless conduct in failing to take the necessary safeguards to protect an exceptionally vulnerable senior.

The Complaint is filed by my colleage attorney Philip Thomas.  Interestingly, at the time this lawsuit was filed, this Emeritus facility failed to provide Ms. Fall's medical records as they were obligated to do under Mississippi law when presented with a valid request.

Broken Promises

Too often facilities--- nursing homes and assisted living--- put their census numbers ahead of the patient's well-being.  As Philip does a nice job of articulatinging this lawsuit, he specifically names the Emeritus employee who assured the family that their loved one would be well cared for.

Time will tell, but if the allegations made in this complaint prove to be true, there certainly appears to be circumstnaces necessary to incite a jury to award substantial punitive damages due to both the facilities gross negligence and outward assurances.

Related:

Diane Phillips, individually and on behalf of the wrongful death benefitiaries of Merle Fall, deceased v. Ridgeland Assisted Living LLC and Emeritus Corp. (PDF)

Man Falls From Fourth Floor Window To His Death At Alden Nursing Home

Assisted Living Facility Submits Corrective Plan After Dementia Patient Falls From Window

Admissions Suspended At An Emeritus Assisted Living Facility Following The Discovery Of: Medication Errors, Bed Sores & Falsified Medical Records

Rather Than Improve Poorly Performing Nursing Homes, Why Not Just Re-Categorize Them?

$821,000 Awarded To Family Of Deceased Assisted Living Patient Who Wandered From Facility

The family of a 75-year-old dementia patient has recovered $821,000 in a recent wrongful death trial against the assisted living facility where she was a resident as well as the facilities parent companies.  The lawsuit alleged that the facility was negligent in looking after the resident who had a history of wandering episodes.  In this case, the resident wandered from the facility in 2007, yet her remains weren't discovered for years. 

Wandering Cases:

Many patients with Alzheimer's and dementia are prone to wander from the facilities--- nursing homes, hospital and assisted living facilities where they reside.  It is the responsibility of the facility to identify people who are prone to wander and implement plans of care to prevent these patients from harming themselves.

Despite the appearance these patients are unhappy with their living arrangements, it is crucial for staff at these facilities to make sure that these patients remain within the safety of the facility.  If a facility can not safely accommodate the needs of the patient, they should suggest that the patient's family locate a suitable living arrangement.

Related:

Ruling against Ore. care facility in woman's death, The Columbian, October 5, 2010

Assisted Living Facilities Need To Re-Evaluate If They Are Capable Of Caring For Dementia Patients

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

Elderly Woman Wanders From Her Convalescent Home To Her Death

Wrongful Death Lawsuit Ensues After Nursing Home Patient Is Struck By A Freight Train

The family of a deceased nursing home patient has filed a wrongful death lawsuit against Hunter Acres Caring Center and other affiliated entities.  The lawsuit comes after a March 18, 2010 incident in which the patient wandered from the Missouri nursing home onto the nearby train track where she was struck and killed by a freight train.

Wandering tragedies such as this are more common than many would like to believe. Many nursing home patients, particularly those suffering from dementia or Alzheimer's, may have a tendency to wander or elope from facilities.  

Consequently, nursing homes should identify those patients who are at risk for wandering and implement necessary safeguards to assure their safety.  Common wandering safeguards include:

  • Installing door alarms
  • Re-directing patients who have a tendency to wander
  • Using lock and other restrictive devices for patients who have a history of wandering
  • Adequately staffing facilities so staff can properly keep tabs on patients whereabouts

My colleague David Terry is representing the family in this matter and I am extremely confident that David will get to the heart of the facilities errors as discovery in the lawsuits progresses.

Related:

Sikeston nursing home resident dies from injuries after being hit by train Southeast Missourian, March 19, 2010

Son of woman killed by train files wrongful death lawsuit against nursing home Heartland News, September 21, 2010

Keith Kinder v. Hunter Acres Caring Center, Inc. (PDF)

State Steps In After Second Episode Involving Patient Elopmement At Same Facility

I think its downright scary when facilities fail to learn from their mistakes.  Of course, --- any person, --- any facility can make a mistake one time, but when the same errors are repeatedly made I feel there is well deserved cause for concern.

An episode of a patient wandering from Brentwood Assisted Living facility, would normally not be a particularly noteworthy event--- especially since the eloping woman will hopefully recover from her injuries.  What deservedly brings more attention to this incident is the fact that this was the second patient to wander from this facility this year!

In the most recent occurrence, the Michigan Department of Human Services is investigating the incident in which a 91-year-old woman wandered from the assisted living facility with her walker.  Three days later, the woman was discovered by neighbors in the area at the bottom of a heavily wooded ravine. 

As DHS investigates this incident, just months before the agency investigated a similar incident in which a patients eloped from the facility.  After the agencies investigation, it was revealed that Brentwood: 1) failed to monitor the patient in accordance with their care plan that identified them as being at high risk for eloping and 2) failed to timely notify the patients family of the occurrence.

Patterns of poor care

Of course, episodes of poor care should give rise to concern.  However patterns of poor care really should give rise to alarm both on the part of families who have loved ones at this facility and on the part of the state.

Even though it appears that neither patient involved in these elopement events was injured seriously, I hope that the state recognizes the severity of these lapses in patient care and reprimands the facility accordingly. 

Episodes involving patient elopement and wandering rarely end as well as it did for these patients.  Unfortunately, when patients wander from a nursing home or assisted living facility they are ill-equipped to deal with the world around them.  In our nursing home abuse practice, we have worked on several cases where patients received severe injuries or were killed after they left the safe confines of their facility.

Read more about this case of elopement from an assisted living facility here.

Elopement

Assisted living and nursing home patients with dementia and Alzheimer's are commonly known to elope from their facilities. On admission, the facility should conduct an assessment of the patient (with family if possible) and determine the persons risk level for eloping from the facility.

Once an assessment has been completed, the implementation of simple preventative measures implemented by a facility to assure the patient remains safely at the facility.  Assisted living facilities and nursing homes that care for patients who are at risk for eloping should have the following safeguards in place:

  • Door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Hire adequate staff to look after residents
  • Have contingent plan to locate patients in the event a resident elopes from the facility

Related Nursing Homes Abuse Blog Entries

Assisted Living Facilities Need To Re-Evaluate If They Are Capable Of Caring For Dementia Patients

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering From Their Facilities

Three Employees At Assisted Living Facility Disciplined For Their Failure To Report Missing Nursing Home Resident

What Can Nursing Homes Learn From Jails?

Nursing Home Negligence Lawsuit Filed After Man Wandered From West Virginia Facility

Assisted Living Facilites Need To Re-Evaluate If They Are Capable Of Caring For Dementia Patients

Many assisted living facilities and other nursing home alternative facilities have done very well financially--  playing into the stigma associated with nursing homes that many people hold.  While nursing homes may receive a fair amount of bad press, they provide essential medical services for millions of patients. 

The level of care offered at assisted living facilities simply is not intended to take the place of the skilled nursing care offered in nursing homes.

Unfortunately, I've seen too many assisted living facilities fail to accurately inform families about the limitations in care that they offer.  In most cases, it is up to the assisted living facility to inform families about the type of care they can provide and to do an assessment of each patient's realistic care needs.

I feel strongly that assisted living facilities have an implicit duty to advise families if they can not care for their loved ones.  By accepting and retaining a patient, the facility implies that they are capable of safely caring for the person.

Over the years, I've seen the line distinguishing patients who require skilled nursing care provided in a nursing home vs. non-skilled assistance provided at an assisted living facility get blurry-- very blurry especially with patients who are particularly reliant on facilities for most of their daily living needs.

Many dementia patients require extremely high levels of care, yet many assisted nursing facilities (alf's) insist that they are capable of caring for them. 

The ability of assisted living facilities to care for an dementia patient will likely get called into question after 90-year-old man (with dementia) wandered from a Sierra Oaks Assisted Living facility in Pennsylvania.  Ten days after the man wandered from the facility, police located the man's body.

Could this have happened in a nursing home?

Of course.  Unfortunately, nursing home patients wander from facilities fairly frequently.  However, nursing homes are more likely to have staff in place and specialized equipment than assisted living facilities.

Situations, such as the wandering incident above, really should force families to re-evaluate the best living arrangements for their loved ones.

Related Nursing Homes Abuse Blog Entries:

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

Family Sues Florida Nursing Home For Death Of Wandering Resident

Man Wanders 20 Ft. From Chicago Nursing Home To His Death

How Much Freedom Should Assisted Living Facilities Give The Mentally Disabled?

Elderly Woman Wanders From Her Convalescent Home To Her Death

I'll never get accustomed to the fact that many elderly will suffer an injury or die due to the carelessness of people who are intended to care for them.  It seems that every few weeks we hear about an elderly person who mysteriously goes missing from a facility and wanders to his or her death.  Despite the frequency, it still outrages me when I hear about such completely preventable situations.

Most recently, I was saddened to hear about the death of 63-year-old Rosemary Nelson who was found dead along the shoulder of the road after wandering from a California convalescent home.  Ms. Nelson's body was discovered three days after she was reported missing from the facility that was responsible for her care.  A medical examiner concluded Ms. Nelson's death was due to 'exposure'

According to a report from Ms. Nelson's family, Ms. Nelson had a history of wandering from facilities and had gone missing from other board-and-care facilities in the past.

Of course its easy to come up with excuses why this elderly woman managed to wander from this skilled nursing facility, yet the reality most certainly remains that someone at the facility was not doing their job when this lady managed to leave undetected.  As a society we must begin to demand that nursing homes begin to look after our elders the same way we expect nursery schools to look after out toddlers.  Until we demand full accountability, we will likely continue to hear about elderly who wandered into a world they are ill equipped to handle.

Read more about this wandering episode involving a California Nursing Home here.

Related Nursing Homes Abuse Blog Entries:

Assisted Living Facility Lets Resident Walk Out The Door & Into Semi

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

What Can Nursing Homes Learn From Jails?

Chicago Nursing Home Lawyer, Jonathan Rosenfeld, Interviewed Regarding Preventing Patients From Wandering

Nursing home lawyer, Jonathan Rosenfeld, was recently interviewed for an article on preventing patient wandering.  The article 'Prevent Wandering Patient Tragedies' appeared in the on-line edition of Healthcare Technologies Online, can be viewed here.

Wandering Nursing Home Patients

Many nursing home patients with dementia and Alzheimer's are prone to wander from the facility. Once out of the safety of the nursing home, these vulnerable people are particularly susceptible to injury.  

Simple preventative measures implemented by a facility could literally be the difference between life and death for nursing home patients. There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.

Nursing homes that care for patients who are prone to wander or elope should have the following safeguards in place:

  • Door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Hire adequate staff to look after residents
  • Have contingent plan in case a resident does wander from the facility

Related:

Alzheimer's Patient Wanders From Texas Nursing Home To Her Death

What Can Nursing Homes Learn From Jails?

Family Sues Florida Nursing Home For Death Of Wandering Resident

Can Assisted Living Facilities Adequately Care For Alzheimer's Patients?

Is it fair to expect an assisted living facility-- loosely regulated entities that help residents with daily living activities to care for a person with Alzheimer's?  

Assisted living facilities (ALF's) are intended to provide a semi-structured environment to (primarily) elderly group.  Meals are prepared and staff are intended to provide residents with daily living activities.  Unlike nursing homes, ALF's are not intended to provide skilled nursing care.

In the case of Alzheimer's patients, many ALF's accept these people despite the fact that many offer no specialized care for them.  Is this a case of corporate greed putting its quest for profits ahead of providing necessary care to its residents?

In the case of Ruby Larson (an Alzheimer's patient), I think the answer is a resounding 'yes'.  On July 23, 2007 Larson wandered from Pheasant Pointe Retirement and Assisted Living Residence-- never to be heard from again.  Last year a judge declared Larson to be legally dead as the search for her was fruitless.

Ms. Larson, 75, was admitted to Pheasant Pointe in May, 2007 suffering from dementia, memory loss, and disorientation.  During the three months Larson was a patient at Pheasant Pointe, she wandered from the facility three separate times.

Larson's family filed a lawsuit against Pheasant Point and its parent company, Spectrum Retirement Communities of Oregon claiming the staff failed to properly supervise Larson and that the companies should have known that Ms. Larson required care only a specialized Alzheimer's care unit could provide.

Unfortunately, Alzheimer's patients may encounter many problems while living in an assisted living environment.  Of course, depending on the individual facility, the levels of care may be different.  But most ALF's are horribly ill-equipped to care for Alzheimer's patient who typically require great care with meals, getting about, re-direction, medication as well as maximum assistance with daily living.

If a facility is unable to provide the level of care required, the facility should advise the family.  Too often, ALF's never mention to the family that their loved one may be better off in a nursing home or alternative facility that specialized in Alzheimer's care.  

Read more about this lawsuit against an assisted living facility here

Related Nursing Homes Abuse Blog Entries

The Truth Revealed: Nursing Home Tries To Cover-up Fact That Resident Choked To Death On Tuna Sandwich 

Nursing Homes For Alzheimer's Patients. What To Look For?

Woman Dies From Hypothermia After Wandering From Assisted Living Facility 

Alzheimer's Patient Wanders From Texas Nursing Home To Her Death

 

Authorities are now looking into how 85-year-old, Edna May Sides, managed to wander from Hillside Plaza Nursing Home without the knowledge of nursing home staff.  On July 15th, Sides dead body was found a short distance from the facility.   

Initially, the nursing home told the family that Sides passed from 'natural causes'.  However, when the family learned that Sides wandered from the facility, they notified the Cherokee County Sheriff and the Wells Police Department. "The family thought it was a little strange, so they went to the Justice of the Peace in Alto and then called the Sheriff's Office and our department." said Wells Police Chief Barry Starnes
 
Despite the fact that law enforcement officials are involved in an investigation, Chief Starnes doesn't believe foul play is involved, "I believe there was possible negligence, but I don't believe someone purposely did this. We're trying to get to the bottom of how this person got outside when she wasn't supposed to be," he said.
 
Read more about the wandering of a Texas nursing home patient here.
 
Wandering Nursing Home Patients
 
Once again, simple preventative measures implemented by a facility could literally be the difference between life and death for nursing home patients.  There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.  Nursing homes that care for patients who are prone to wander or elope should have the following safeguards in place:
 
    * Door alarms
    * Window locks
    * Door locks
    * Bracelets that track each resident's location
    * Hire adequate staff to look after residents
    * Have contingent plans to locate residents who may wander from the facility
 
If you have loved one who may be prone to wandering from the facility, ask the administrator if the above safety measures are in place at the facility.  My guess is that facilities that implement these safety measures have significantly lower rates of wandering.

 

Three Employees At Assisted Living Facity Disciplined For Their Failure To Report Missing Nursing Home Resident

An investigation into the death of a 93-year-old man at a New York assisted living facility revealed that three employees at the facility acted improperly when they failed to document that the man was missing from his room.  Turns out-- the man had either jumped or fallen to his death from his second floor room.  The incident occurred on February 17th at Dosberg Manor, part of the the Weinberg Campus.  The man's dead body was discovered the following day on the ground outside his room.

An investigation into the death by the New York Health Department determined employees at the facility acted improperly in the hours following the man's death.  The following omissions were noted in the department's report:

  • At 9:40 that evening an employee was called into the man's room by his roommate to shut an open window.  Despite the fact that the employee noticed the man's glasses and a walker parked adjacent to the open window, the employee failed to look further into the man's whereabouts and lied to investigators about seeing the man in his room.
  • At 11:00 p.m. another employee at Dosberg failed to investigate the fact that the man was missing from his room, choosing to assume that man was in a hospital.
  • A third employee who made midnight rounds noticed that the man was missing-- yet failed to notify authorities.
  • Medical records indicate that staff helped the man take his medication at 6:30 a.m. on February 18th although by that time the man's dead body had been outside for over 11 hours.

As a result of the Department's findings, a new policy has been implemented by Dosberg Manor to ensure the whereabouts of all residents and the employees who were involved in the errors cited above will be disciplined.

Read more about the investigation of this missing nursing home resident here.

Nursing Homes Abuse Blog Posts On Missing Nursing Home Residents

Nursing Home Negligence Lawsuit Claims Sunrise Senior Living Failed To Supervise Resident During Field Trip

What Can Nursing Homes Learn From Jails?

Police Dog Finds Resident Who Went Missing From Chicago Nursing Home

What Can Nursing Homes Learn From Jails?

Why in the world would I suggest the the people who are responsible for the care of our most vulnerable take a lesson from those responsible for most violent?  The answer has to do with how nursing homes keep track of their residents. 

Call it wandering, eloping or just escaping, there have been several recent reports of nursing home residents who have wandered from their facilities to their death without the facilities knowledge.  When nursing home residents leave their safe and familiar facilities that are at the mercy of a world unaware of each residents needs.  Two recent cases highlight the need for nursing homes to take notes from the jails in the way they monitor residents, staff their facilities and implement basic safeguards to minimize the risks of missing residents.

In Chicago, 89 year-year-old Sara Wentworth was a resident at The Arbor of Itasca, a Chicago-land nursing home when she walked out a door and into a wooded area.  Hours later, staff found Ms. Wentworth's dead body just a short distance away.  

A investigation into the matter by local police concluded that personnel had last checked on the woman at 3 a.m. and area police were notified at 5:40 a.m. when the patient was lying on a gurney not breathing.  Nursing home workers acknowledged hearing the door alarm that was activated when Wentworth left the facility but took no responsive action.

In Ohio, an 87-year-old resident wandered from her facility and into a nearby road where she was struck by a hit-and-run driver.  The woman's body was found on the side of the road by local drivers. The woman had similar wandering episodes prior to this incident.

Both of the above situations involve residents who suffered from dementia. Yet despite the facilities diagnosis of dementia and their known propensity to wander, staff at these facilities failed to implement preventative measures and have adequate staffing to monitor these women and prevent them from harming themselves.

Perhaps the nursing home administrators should take a page from the wardens and other administrative staff of our correctional system?  An out of place inmate poses a risk to other inmates in the jail and to the public at large. In a jail setting, an inmate who is known as an escape risk will also likely get increased supervision.

Am I suggesting that nursing home residents be stripped of their rights to the same extent of violent criminals?  Of course not.  However, in the case of residents who are at risk of 'leaving the facility' some of the same escape precautions should be implemented. 

Put away the guns and striped uniforms, but keep in mind the following:

  • Assess all residents who are at risk of leaving the facility
  • Keep door alarms and window alarms should be installed and in working order
  • Staff should monitor all exits of the long-term facility or nursing home
  • Keep at-risk residents close to a nursing station or in a high-traffic area to assure many people on the nursing home staff can look after the resident
  • Potentially use physical restraints for residents who are at risk for harming themselves
  • Notify authorities immediately after residents are noticed missing
  • Have contingent plans in effect locate missing residents

Woman Dies From Hypothermia After Wandering From Assisted Living Facility

An 87-year-old woman froze to death after walking out of the secured Alzheimer's unit at an Ohio nursing home.  Dortha Gifford was a resident at the Heartland of Woodridge assisted living facility for the last five years.  Gifford lived in the locked unit of the facility because of her propensity to wander. According to Gifford's family, she had gotten out of the assisted living facility on other occasions. 

Why do these tragic themes of missing nursing home residents continue to emerge across the country?  Unfortunately, the answer is not singular.  Nursing homes consistently break the trust families place in them when they fail to:

  • Install technology updates (such as automatic locks and alarms) to their facilities that to help contain residents with a propensity to wander.
  • Train staff to identify residents who are likely to wander from the facility and how to search for missing residents.
  • Provide adequate staffing levels to look after residents.  Many of the wandering incidents occur during 'off' hours when the facility is minimally staffed.

If your loved one has escaped from a nursing home or assisted living facility, the facility is likely responsible.  We have helped many families recover civil damages for the death or injury of their loved one.  More importantly, many of the nursing home cases Rosenfeld Injury Lawyers prosecute have led to safety improvements at many facilities and help ensure the safety of new residents.

Related Nursing Homes Abuse Blog Posts On Resident Wandering:

Fall Leaves Dementia Patient With Broken Neck At Assisted Living Facility

Nursing Homes For Alzheimer's Patients.  What To Look For?

Family Sues Florida Nursing Home For Death Of Resident Who Wandered From Facilityy

How Much Freedom Should Assisted Living Facilities Give The Mentally Disabled?

Criminal Charges May Be Brought Against Chicago-Area Nursing Home In Connection To Resident's Death

Investigators from the Itasca Police Department and the Illinois Department of Public Health are looking into the recent death of an Alzheimer's resident in a Chicagoland nursing home.  Sara Wentworth, an 89-year-old woman was found death a short distance from door at the The Arbor of Itasca.  Nursing home records indicate that personnel had last checked on the woman at 3 a.m. and area police were notified at 5:40 a.m. when the patient was lying on a gurney not breathing. 

DuPage County Coroner Peter Siekmann said Wentworth had been outside for at least 90 minutes before a nursing home worker found her and brought her back inside. Nursing home workers told police they heard an alarm sounding from a door leading to the courtyard.  However, when staff attempted to look into the situation, they did not see did not take any further action.

Wentworth's daughter, Catherine Shain, said police had told her that her mother had gotten through two sets of doors and walked about 100 yards to the area where her body was found.  Despite the fact Wentworth required a walker to get around, no walker was found by her body.

The DuPage County, Illinois State's Attorney's office will evaluate the evidence surrounding this matter and determine if criminal charges are warranted against the nursing home or individual employees. Read more about the death of this Chicago-area nursing home resident here.

How can a nursing home worker can ignore door alarm?  This really is no different that a worker ignoring a call light or an alarm on a ventilator.  This act goes beyond negligence and certainly reaches the level of a willful disregard for the safety of residents.  No word yet on any disciplinary action taken against the lazy nursing home employee(s)....

Read more about the death of this Chicago-area nursing home resident here.

Related Nursing Home Abuse Blog Posts

Man Wanders 20 Ft. From Chicago Nursing Home To His Death

Nursing Home Negligence Lawsuit Brought After Man Wanders From Facility

Elopement

Family Sues Florida Nursing Home For Death Of Wandering Resident

The family of a 68-year-old nursing home resident who wandered from the facility to his death, has filed a nursing home negligence lawsuit.  The family of Antoine Saintil recently filed the lawsuit against Broward Institute For Long Term Care after Antoine want missing from facility on Christmas day.  Search efforts by the facility to find Antoine were unsuccessful.  By the time authorities found Antoine in a waterway, two miles from the facility, he had apparently drowned. 

Antoine Saintil's family faced a difficult decision that many families face every day when they placed him in the Florida nursing home--less than a month prior to his death.  However, the family realized a recent stroke left Antoine disoriented and beyond their ability to care for him. "Because my dad was sick and we didn't want to keep him in the house.  He needed health-care.  He needed someone to help him like doctors, nurses and therapist," said daughter Julie Saintil.

There is no excuse for a nursing home's failure to keep residents who are prone to wandering from leaving the premises of the facility.  Nursing homes that house people, such as Antoine, who are prone to wander or elope should have the following safeguards in place to ensure the safety of each resident:

  • Door alarms
  • Window locks
  • Door locks
  • Bracelets that track each resident's location
  • Adequate staff to look after residents
  • Have contingent plans to locate residents who may wander from the facility

There is no obligation on the part of nursing homes to house every person who seeks out the facility's services.  However, when the nursing home agrees to house a resident who is disoriented or has dementia, the nursing home is implicitly agreeing they are able to properly care for the individual and is responsible for providing proper care.  Read more about this wrongful death lawsuit at this Florida Nursing Home here.

Nursing Home Negligence Lawsuit Filed After Man Wandered From West Virginia Facility

The family of a man suffered from dementia and has filed a wrongful death lawsuit against the nursing home responsible for his care.  The man was killed after he was struck by a CSX train.  The lawsuit names Heartland of Charleston nursing home and its parent company Health Care and Retirement Corp. of America LLC.  The lawsuit alleges the nursing home failed to:

  • Provide adequate supervision to the man
  • Follow facility protocols for missing residents
  • Secure the facility
  • Failed to use security cameras on the property to locate the man

The lawsuit highlights the tragedy that may result if a nursing home fails to monitor its Alzheimer's and dementia residents.  Nursing homes should not only identify residents who are prone to wander, but also have safeguards in place to keep individuals safely within the confines of the facility.  Nursing homes housing residents with dementia and Alzheimer's should have: door locks, window locks, security alarms and extra staff to ensure the residents remain safe and under supervision.  Read more about this wrongful death lawsuit here.

Man Wanders 20 Ft. From Chicago Nursing Home To His Death

 The Chicago Sun Times reported the sad story of a 72-year-old nursing home resident who wandered 20 feet from the facility to his death.  The man was a resident at Robbins Supportive Living, 13820 South Utica, was last seen by staff at the nursing home on October 22nd.  More than two weeks later, authorities discovered the man dead, laying face down in the marshland, a mere 20 feet from the facility.  

Did this nursing home even bother looking for the missing resident? 

How Much Freedom Should Assisted Living Facilities Give The Mentally Disabled?

A mentally and physically disabled woman walked out of an Maple Crest Manor, an assisted living facility in St. Louis, MO,  and unknown to the facility boarded a bus to Chicago, IL.  The woman left the assisted living facility for what the staff suspected would be 'a long walk'.  After several hours passed without sight of the woman, the facility contacted the woman's legal guardian who then alerted police.

Chicago police called local Missouri authorities after finding the woman's name on the national database for missing and endangered people.  The woman was brought by authorities safely back to the facility in St. Louis.  No charges were filed against the assisted living facility or the legal guardian.  

Authorities report the woman has the mental capacity of a 7-year-old.  This begs the question: Would you let your 7-year-old walk around unsupervised?  Clearly, this incident should have been prevented with the adoption of a more restrictive leave policy for residents.  

Read the full story regarding this incident involving elopement at an assisted living facility here.

Assisted Living Facility Lets Resident Walk Out The Door & Into Semi

An 81-year-old assisted living resident walked out the front door of the Bluffview Meadows facility in Wisconsin an into the lanes of a nearby highway where she was struck and killed by a semi-truck.  What makes this story particularly tragic is that this is the second incident involving resident elopement with two weeks.  Nursing homes and assisted living facilities must monitor the whereabouts of their residents.  Further, facilities must have adequate safeguards in place such as door alarms, locks and adequate staffing to prevent resident elopement.

Wandering


"Wandering' refers to a cognitively impaired person moving about a nursing home or long-term care facility aimlessly and without appreciation for what he or she is doing.

A nursing home resident's propensity to wander should be identified in an initial care plan.  Residents who are most likely to be wanderers are those who suffer from dementia, Alzheimer's or who may be heavily medicated.  Most frequently a nursing home resident who wanders, falls and gets injured.

It is up to the nursing home staff to provide a safe and secure environment for all residents.  In the case of a nursing home resident who wanders and receives injuries, the nursing home most likely did not:

  • Provide an adequate number of staff to supervise residents
  • Train nursing home staff on how to identify wanders
  • Train the nursing home staff on how to supervise the nursing home residents
  • Did not use bed, wheelchair or door alarms
  • Re-direct the nursing home resident to another activity

Elopement

'Elopement' is when a nursing home resident leaves the nursing home itself without staff knowledge and gets into harms way. 

Elopement in nursing homes is most common amongst residents who suffer from dementia, Alzheimer's Disease, and who are on medications (psychotropic drugs) that cause confusion.  In order to prevent situations where a resident may elope, it is important for the nursing home to conduct an assessment for every resident.  Assessments should trigger the nursing home staff to take precautions.

If a nursing home resident is determined to be a risk for wandering, the following precautions should be in place:

  • Door alarms and bed alarms should be installed and in working order
  • Staff should monitor all exits of the long-term facility or nursing home
  • Keep at-risk residents close to a nursing station or in a high-traffic area to assure many people on the nursing home staff can look after the resident
  • Potentially use physical restraints

Incidents of elopement often occur with residents who are the most vulnerable to injuries.  Below you will find some recent articles referencing injuries that have occurred following elopement.

About Jonathan Rosenfeld

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Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities.   Jonathan has represented...

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