Albuquerque Personal Injury Legal Blog

A nightmare scenario for anyone with a loved one in a nursing home or other care facility is that they wander off the grounds and end up in harm’s way. Unfortunately, this happens too often. There’s even a name for it: elopement.

The National Institute for Elopement Prevention and Resolution (NIEPR) defines elopement as when someone “leaves a caregiving facility or environment unsupervised, unnoticed, and/or prior to their scheduled discharge.” While the term is often used interchangeably with “wandering,” the latter typically involves someone who remains within the facility or its grounds but gets lost or disoriented. This can still be dangerous.

Wandering is also less purposeful than elopement. People who elope are sometimes trying to go home. In some instances, they’re confused about where they are or what year it is. They may be trying to go somewhere that was part of their past.

Elopement isn’t limited to people with dementia

It’s a mistake to think that only people with dementia or other cognitive impairments elope. While they’re the most likely to do it, other factors can lead to elopement. A change in medication or an accidental overdose of their usual medication can cause people not to recognize their surroundings and try to leave.

People are most likely to elope in their first days in a care facility. They may wake up in the middle of the night or from a nap and think they’re at home. That’s why nursing homes should take added precautions with new residents to prevent them from wandering or eloping.

The responsibilities of care facilities

These facilities, of course, owe a duty of care to their residents to try to ensure that they don’t go into areas that aren’t safe (like kitchens, equipment rooms or storage closets). They also need to have alarms, surveillance and other security measures around doors leading to the outside. People who leave their facilities alone can walk into traffic, succumb to the elements or be violently attacked.

It’s important to ask about and view firsthand what precautions a nursing home has to prevent residents from leaving the grounds before you decide whether it’s the right place for a loved one. They should also have codified procedures so that all staff members know what to do if someone is missing.

If a loved one has already been harmed because they were able to elope, it’s important to get legal guidance as soon as possible to determine what your options are for holding the right parties liable.