ATTORNEY NEWSLETTER
High Level Of Supervision Required For Dementia Patients
Liability For Failure To Monitor
Injuries And Death Resulting From Wandering Off
A very dangerous, and sadly common, behavior pattern of Alzheimer sufferers and persons with other forms of dementia is wandering away, also known as elopement. Older sufferers still living at home may set off from their home and lose their way, dementia patients in nursing homes and care facilities may leave the premises and disappear. When Alzheimer’s patients are in a nursing home or memory care facility or under the care of in-home caregivers, caregivers and staff can only prevent elopement if they regularly monitor and supervise patients. Many facilities use an alarm system to alert staff when a resident leaves the building. In whatever way the monitoring responsibility is carried out, facilities and in-home caregivers should be held accountable if their negligence or inattention allows a dementia patient to wander off and be harmed. Evans Law Firm, Inc. represents older persons and their families against anyone responsible for failing to adequately supervise; the firm handled a case very similar to the recent case discussed below. If someone you love has been injured as a result of wandering off from a nursing facility or away from a caregiver in Santa Clara County or elsewhere in California call us today at 415-441-8669, and we can help. We will pursue all persons responsible for a senior’s injury under the Elder Abuse Act, Cal. Welf. & Inst. Code § 15600 et seq. including recovery of attorneys’ fees and expenses for bringing suit under Section 15657 of the Act. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recent Example Of Fatality From Elopement
In a recent case[1] covered in the news, according to a complaint filed by the family of a 100-year-old resident of an assisted care facility, the facility where she resided let her walk out of an exit door “that automatically locked” behind her, preventing her re-entry and causing her to freeze to death. The elderly lady was “cold to the touch” and suffering from “agonal breathing,” as well as a low heart rate, when she was found outside of the facility, according to her family’s legal complaint. A jury is hearing testimony this week as part of a wrongful death and elder abuse trial brought on by the lawsuit.
Staff at the facility allegedly knew that the victim was “often forgetful, had become confused with times of day and night, required redirection, and was a high fall risk,” the complaint says. But her behavior was never officially documented, despite staff knowing about it, according to the family. “Wandering was known,” the complaint charges. “[the victim’s] known wandering was not stated in written assessments or reappraisals of her condition, nor was this risk of harm identified or addressed in [her] individualized care plan with meaningful interventions to protect her from harm.” The family’s lawyer stated that the victim was “out there for several hours” before she was found. There was no kind of silver alert,” he said. “There was no alarming of any doors, and she was found by a caregiver, but she couldn’t be saved.”
Preventing Elopement
Studies indicate that nearly a third of nursing home residents and up to 70 percent of community-dwelling older adults suffering from cognitive decline wander from their supervised homes at least once during their stay. There is monitoring technology that can help provided facilities and caregivers employ the technology. Bracelets that lock exits when a resident walks by are fairly common. Shoes with GPS chips send alerts if the wearer walks beyond certain programmed coordinates. Supervised walks are also helpful because they allow the patient a beneficial walk out in the fresh air and sunshine. Many patients wander because they simply are sick of being inside, and an accompanied walk outdoors can restore their spirits. If you are in the process of evaluating a facility for an older loved one with Alzheimer’s make sure they are fully licensed and adequately staffed. Much nursing home abuse and injury arises from neglect, abandonment or elopement due to understaffing.
Contact Us
If you have a loved one injured from elopement or any other kind of elder abuse or neglect in Santa Clara County or elsewhere in Northern California, contact Ingrid M. Evans and the other elder and nursing home abuse attorneys at the Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. is not involved in the case in any way. It was reported on by a local Sacramento television station.
