Charleston Nursing Home Elopement Lawyer

Charleston Nursing Home Elopement Attorney

Placing a loved one in the care of a nursing home is often a challenging and complex decision for families. If they choose to place their family member in the care of a nursing home facility, they expect quality and consistent care. If the facility does not adhere to safety standards, and a loved one escapes from the facility due to this negligence, a Charleston nursing home elopement lawyer from Wooton, Davis, Hussell & Johnson, PLLC, can step in and help.

A nursing home must ensure proper staffing and safety measures to see that residents do not wander away from the facility, as this can be highly dangerous given the resident’s health conditions and environmental conditions they may encounter, like heavy traffic and extreme weather, which can result in serious injuries and health setbacks. If you are facing a nursing home elopement incident, it is important that you know how to respond.

Responding Adequately to a Nursing Home Elopement Incident

Nursing home elopement is a critical event that requires immediate action to ensure the resident’s safety and prevent future incidents. If your loved one has eloped from a nursing home in Charleston, it is vital that you act quickly and decisively to ensure their safety and hold the facility accountable. Here is how you can respond:

• Ensure Safety: The primary concern in an elopement incident is to see that your loved one is found, is checked for injuries, dehydration, or distress, and is given the necessary medical interventions. Even if they appear unharmed, ensure they receive a thorough medical evaluation, as symptoms can appear later. If they are not quickly found, insist that the facility contact 911 immediately to initiate a more thorough search.
• Gather Information: Ask for a detailed explanation of how and when the elopement happened, and request evidence like security footage, incident reports, and staff statements. It is helpful to inquire about the facility’s elopement prevention policies and whether they were followed with this incident.
• Document Everything: Make sure you keep a detailed record of the incident, including all conversations with nursing home staff, and store copies of incident reports, medical records, and security logs. If possible, take photographs of any injuries or unsafe conditions at the facility, as this can help if you choose to file a legal claim for negligence.
• Report Incident: If negligence played a role, report the incident to Adult Protective Services (APS), state health departments, and local law enforcement if the incident resulted in harm.
• Consider Legal Action: If the nursing home failed to provide adequate supervision or security, they may be liable. A nursing home elopement lawyer can help you determine if you have a viable legal case and assist you in seeking compensation.

Elopement is a serious incident that can have seriously devastating consequences. As a family member, your role is to ensure your loved one is safe, demand accountability, and take action if the facility is found negligent. You do not have to handle this complex and overwhelming situation on your own. A trusted lawyer can help you navigate the legal process and see that your ideal outcome is pursued.

FAQs

Q: Who Is at Risk for Nursing Home Elopement?

A: Certain nursing home residents are at a higher risk of elopement due to cognitive, psychological, and behavioral factors. Identifying these risks is key in preventing dangerous wandering incidents and ensuring resident safety. Residents who suffer cognitive decline, impacting memory, judgment, and awareness, have an increased risk of elopement. Cognitive decline is common in individuals with Alzheimer’s disease, dementia, and brain injuries.

Q: Who Is Responsible for Preventing Nursing Home Elopement?

A: Preventing nursing home elopement is a shared responsibility among multiple parties in the facility. Nursing homes have a legal and ethical duty to provide a safe environment and adequate supervision to prevent residents from wandering off. If an elopement occurs due to negligence, the facility and its staff may be held accountable for any harm caused. Family members have a responsibility to inform the nursing home of any history of wandering behaviors.

Q: Is Nursing Home Elopement Illegal?

A: While nursing home elopement is not illegal, it may lead to legal consequences for nursing homes if it occurs due to negligence. Nursing home residents have the right to move freely, but when a facility is responsible for a resident’s care, it must take reasonable precautions to prevent dangerous wandering incidents. If a nursing home is found liable for an elopement incident, it may face fines, penalties, legal claims from families seeking compensation, and loss of funding.

Q: Is Nursing Home Elopement Common?

A: Elopement in a nursing home is not very common, but it is a real concern, especially for residents with Alzheimer’s disease, dementia, or other cognitive impairments. The exact number of elopement cases is challenging to track, as not all incidents are reported to law enforcement, and reporting standards vary depending on the facility. In general, it is expected that a nursing home with insufficient staff or adequate security measures is more at risk for elopement.

Q: What Should I Do if My Loved One Elopes From a Nursing Home?

A: If a loved one elopes from a nursing home, it is crucial to act quickly and decisively to ensure their safety and determine if the facility was negligent. The first step is always to ensure the resident is found and receives the medical care they need. Then, there are multiple ways to proceed, including speaking with the facility about why this happened and how to prevent it, reporting the incident to the proper authority, and taking legal action if necessary.

Get in Touch With a Trusted Nursing Home Elopement Lawyer Today

If you believe your loved one’s nursing home elopement incident was due to the negligence of the care facility, you may have the legal merit to pursue legal action to see justice and fight for fair compensation that adequately covers the losses you and your loved one suffered.

Reach out to a trusted nursing home elopement lawyer from Wooton, Davis, Hussell & Johnson, PLLC, today and set up an initial consultation to learn how our legal team can support you during this time.