Nursing homes and similar residential care facilities have a duty of care to their residents. Professionals must ensure that they provide the support that residents need for their health and safety.
Appropriate sanitation and nutrition support are critical. So is proper security, especially in cases involving people with dementia and other forms of cognitive decline. When older adults struggle with their memory or understanding of their circumstances, they may try to leave a care facility without permission or support.
When that happens, they are at risk of injury or illness. After an elopement incident, the family members of residents may file lawsuits, and care facilities may need to conduct a record review to respond effectively.
Internal records can defend against lawsuits
Nursing home elopement lawsuits often rely on claims of negligence. Families assert that care providers overlooked safety-critical information or did not follow best practices.
Records of the cognitive testing performed during a resident’s intake process can validate that the facility fulfilled its obligations and provided support as appropriate given the resident’s condition. Documentation of a follow-up screening roughly every one to three years can also help defend against claims that the facility failed to address changes in an older adult’s cognitive capabilities.
Test results, notes from workers and reports from family members can all help show that the care provided aligned with documented needs. The more documentation there is regarding the health of the individual resident and the support services provided to meet their needs, the better the chances of the facility successfully defending against negligence claims.
Those who own or operate nursing homes and similar facilities may need help responding to post-elopement lawsuits brought by family members of the resident who left the facility. Reviewing internal documentation with a legal professional can help care providers respond effectively to pending litigation.