Understanding Elopement in Nursing Homes: Florida Law

Elopement in nursing homes is a critical issue that has far-reaching implications, from the safety of residents to the legal ramifications for healthcare facilities. A dedicated Florida nursing home lawyer can help guide you through the many nursing home laws and how to best approach the situation from a legal standpoint. At The Turnbull Law Firm, we have decades of experience helping client recover compensation for the harm imposed on them by the negligence of others.

While the term “elopement” may conjure up romantic notions of running away for a clandestine union, in the context of nursing homes, it refers to a dangerous and potentially life-threatening act. To gain a comprehensive understanding of what constitutes elopement in nursing homes, we need to examine the laws and guidelines governing these incidents, particularly as they pertain to Florida and federal statutes.

Federal Guidelines on Elopement in Nursing Homes

At the federal level, elopement falls under the purview of the Centers for Medicare & Medicaid Services (CMS). Although CMS doesn’t have a statute explicitly addressing nursing home elopements, it does provide general guidelines regarding resident safety. Under 42 CFR § 483.25(h), CMS mandates that facilities “must ensure that the resident environment remains as free of accident hazards as is possible.” This implicitly includes the prevention of incidents like elopement, where a resident’s safety could be severely compromised.

Florida Law: The Specifics

Florida has implemented its own specific regulations to address elopement in nursing homes. According to the Florida Administrative Code Rule 59A-4.1265, focused on “Resident Elopement and Emergency Environmental Control,” nursing homes are obligated to establish and maintain policies that both prevent resident elopement and outline procedures in case it occurs. The regulation mandates immediate internal investigations following an elopement and requires facilities to notify the Agency for Health Care Administration within one business day.

Another Florida statute notes that there must be a “minimum of two resident elopement prevention and response drills per year”, in which all facility staff and administrators must participate, as well as review procedures with residents. Documentation for these drills, policies, and procedures are key.

Identifying High-Risk Residents

Understanding what constitutes elopement is closely tied to identifying those most at risk. While it’s a facility’s responsibility to assess this risk for each resident, federal and Florida laws mandate that such assessments be part of each resident’s care plan. Residents with cognitive impairments such as dementia or Alzheimer’s are often considered at high risk for elopement, as are those with a history of wandering or previous attempts to leave the facility.

Contact Our Nursing Home Attorneys Today!

The issue of elopement in nursing homes is one of utmost importance that merits the attention of all stakeholders involved, from healthcare providers to legal counsel and family members. Both federal and Florida state laws provide a framework of regulations aimed at preventing such incidents and ensuring the safety and well-being of residents. Understanding these laws is the first step in averting the risks associated with elopement in nursing homes. Being licensed to practice in all Florida state courts, including the Middle District of Florida, our nursing home attorneys at The Turnbull Law Firm are well-versed in both federal and Florida state regulations to help you attain the best outcome.

Help After Your Loved One Eloped From A Nursing Home

Our Florida nursing home neglect lawyer knows that discovering that your loved one has wandered or eloped from a nursing home is alarming and can leave you feeling helpless. Elopement is a serious issue, particularly for residents who are elderly or have cognitive impairments like dementia. Their safety becomes an immediate concern, and understanding how to respond is critical. Attorney Turnbull has won a client $2 million for a nursing home neglect case. At The Turnbull Law Firm, we want to provide you with practical guidance for this difficult situation.

What Is Elopement In A Nursing Home Setting?

Elopement refers to a situation where a resident leaves the facility without the knowledge or supervision of the staff, placing them at risk of harm. This is especially dangerous for individuals who require assistance or have conditions like Alzheimer’s disease, as they may not recognize dangers or know how to return safely. Nursing homes have a duty to implement measures that prevent such incidents.

What Should I Do Immediately If My Loved One Has Eloped?

Contact the nursing home staff immediately and confirm whether they’ve initiated a search or contacted local authorities. Ask for details about when and where your loved one was last seen and what steps the staff has taken to locate them. If necessary, you can assist by notifying nearby neighbors, businesses, or anyone else who might help in the search. Time is critical, so ensuring that all parties are actively involved is key.

How Can I Determine If The Nursing Home Is Responsible For The Elopement?

Nursing homes are responsible for providing adequate supervision and securing their premises to prevent residents from wandering off. If staffing shortages, lack of proper training, or faulty security measures contributed to the elopement, the facility may be at fault. Reviewing their policies, procedures, and records of past incidents can help determine if negligence played a role.

What Are The Potential Risks To My Loved One After An Elopement?

Our Florida nursing home neglect lawyer knows that elopement can expose your loved one to numerous risks, including physical injury from accidents, exposure to harsh weather, dehydration, or encounters with unsafe environments. If your loved one has medical needs, missing their medications or treatments can worsen their condition. These risks underscore why nursing homes must take strong preventative measures and respond promptly to such incidents.

Can Legal Action Be Taken If The Nursing Home Was Negligent?

Yes, if the nursing home’s negligence contributed to your loved one’s elopement or caused harm, you may have grounds for legal action. Facilities that fail to uphold their duty of care can be held accountable for damages, including medical expenses, emotional distress, and other losses. An attorney can help investigate the situation and determine the best course of action for your family.

Discovering that a loved one has eloped from a nursing home is deeply distressing, but there are steps you can take to address the situation and prevent it from happening again. Holding the facility accountable, if appropriate, can help protect not only your loved one but also other residents who may be at risk. Attorney Turnbull won a client $350,000 for a nursing home fall case and is ready to help you. At The Turnbull Law Firm, we are here to support families during these challenging times and fight for the rights of vulnerable individuals. Call our Florida nursing home neglect lawyer now.

Call 407.612.6464 • 863.324.3500 today to speak with an experienced Nursing Home Abuse and Neglect Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.