When you have to put a loved one in an assisted living facility, it can be one of the hardest decisions you ever make. There’s nothing wrong with taking time to think about it or even feeling guilty about it. You are putting a great deal of trust in this facility, and it’s reasonable to expect them to prioritize your loved one’s care. If an elopement happens, you may want to take legal action. You may be asking: What is considered an elopement in assisted living?
If your loved one ends up leaving the assisted living facility without authorization and without anyone noticing, the consequences can be severe. Your loved one could get seriously hurt or even die because the proper precautions were not taken by the nursing home. You should hire a nursing home elopement attorney to help you build a case. You’ll want someone with experience handling nursing home elopement cases and knowledge of nursing home elopement laws.
Hire a Nursing Home Elopement Lawyer
Finding out your loved one has left the assisted living facility and nobody stopped them can be infuriating. It’s reasonable to want to hire a nursing home elopement lawyer who can help you figure out the most effective way to take legal action and hold the nursing home staff accountable. While elopement is generally not seen as elder abuse, it is viewed as a symptom of it.
Stephen R. Hunter of Hunter Law, PC, can bring his nearly two decades of experience helping the elderly to your case.
Most residents who leave their assisted living facilities without supervision suffer from dementia or Alzheimer’s disease. According to recent information gathered by the Population Reference Bureau, over seven million elderly Americans across the country may be suffering from some form of dementia. In California, there are also 200,000 cases of elder abuse every year, with many going unreported. You should hire a lawyer to help you put your case together.
It may be difficult for you to adjust to your elderly loved one’s condition, but understanding it can be beneficial to everyone. You may want to consider reaching out to a local support group that focuses on helping individuals better understand dementia and similar conditions, such as the Alzheimer’s Association or Family Caregiver Alliance. Being able to talk to someone about your fears and concerns can be good for everyone.
What Is Considered an Elopement in Assisted Living?
An elopement is when a resident of a nursing home or assisted living facility leaves the premises without supervision or authorization. Depending on the resident’s medical condition, they could end up seriously hurting themselves, getting lost, or even dying. The staff of the assisted living facility may be held liable for allowing the resident to leave the premises, even if they did not facilitate it.
It’s important to know what is considered elopement in California:
- Unauthorized departure: One of the core elements of an elopement case is the simple fact that the resident in question left the facility without an official leave of absence or any kind of discharge order.
- Lack of supervision: An essential element of your case involves a total lack of supervision, which allowed the resident to leave the premises in the first place. Regardless of whether or not the resident in question had a diagnosed medical condition or was known for wandering, there should have been somebody monitoring them.
- Incapacity for self-protection: Another essential core element of an elopement case involves evidence that the resident in question is generally unable to protect themselves or make any sound decisions regarding their own safety. This is likely due to a medical condition like dementia or a physical ailment that weakens their health.
- Potential for harm: The final core element of an elopement case is the very real possibility that leaving the assisted living facility places the resident in immediate danger. They are exposed to potential hazards, open to exploitation, or in very real danger of death.
FAQs About Elopement in Assisted Living in California
What Is an Elopement in Assisted Living?
An elopement in an assisted living facility refers to a situation where an elderly resident leaves the facility without supervision or a formal discharge. This generally happens to residents who are diagnosed with a cognitive condition. However, the assisted living facility staff may be held liable for anything that happens to the resident since it happened under their supervision. A good lawyer can help you build a case against them.
How Does CMS Define Elopement?
The Centers for Medicare & Medicaid Services (CMS) defines elopement as an unauthorized departure of a patient from a healthcare facility without the knowledge or permission of staff. The patient also has to be at serious risk of harming themselves or others. Elopement is viewed as a serious safety concern that can result in numerous individuals being held liable for endangerment and other charges.
What Counts as Eloping in a Medical Context?
In a medical context, eloping involves any situation where a patient leaves a healthcare facility without permission from their doctor or primary caregiver, putting themselves in danger. There are many key aspects to elopement that must be present for a case against the healthcare facility to be valid. Those aspects include a lack of facility protocols, a medical condition that causes disorientation, and the risk of injury.
Should I Hire an Elopement Lawyer?
Yes, you should hire an elopement lawyer if you or your loved one is involved in an elopement case. The last thing you want is for no one to be held accountable for what happened to your elderly loved one. The right lawyer can prove to be valuable as you move forward in civil court with legal action against the assisted living facility that allowed your loved one to leave the premises.
Reach Out to Hunter Law, PC, Today
The legal team at Hunter Law, PC, knows how difficult it can be to take legal action against an assisted living facility. We can help you gather evidence, put together a strong case, and make sure your loved one is not taken advantage of. Contact us to speak to a member of our team and start working on your case.
