Nursing Home Wrongful Death Lawsuits For Residents Who Wander From The Facility
There are two recent news reports about nursing home residents who were found dead after they wandered from the facility where they were living. While many families may not initially suspect that nursing home neglect resulted in these situations, the facilities have an obligation to exercise reasonable care, depending on the condition of the resident, and to protect their residents from these types of tragedies.
>>INFORMATION: Nursing Home Wandering and Elopement
The first incident occurred in West Virginia when a 73 year old man with dementia was not adequately supervised and wandered from a nursing home on October 25, 2008. According to the Charleston Gazette, he was later discovered by police dead, after being struck by a train nearby.
The family has already filed a nursing home wrongful death lawsuit against the facility for failing to provide the appropriate degree of care to monitor the man before he left the facility. The lawsuit also alleges that staff failed to follow established protocols for missing residents after they discovered he was gone.
The second incident involved a 72 year old male who went missing from an Illinois nursing home on October 22, 2008. The Southtown Star reports that he was found dead about two weeks later, less than 20 feet from the nursing home.
Federal regulations require that every resident of a nursing home be assessed upon entering the facility and again at regular intervals to ensure that the individual’s medical condition is adequately updated. The facility must then use this assessment as a guideline to decide how much supervision and care the resident requires.
In many cases, nursing home residents suffer from dementia or other illnesses which may hinder their ability to protect themselves from harm. If a residents is prone to wandering, the nursing home should have devices in place to prevent this, such as door alarms. The nursing home staff should also be properly trained so that they can appropriately respond when a resident wanders off or attempts to leave the premises.
NURSING HOME LAWYERS
The nursing home neglect lawyers at Saiontz & Kirk, P.A. investigate cases for injuries caused by negligent care at facilities throughout the United States. Families place their trust in nursing homes to provide the appropriate degree of care and supervision for their loved one. When a nursing home’s negligence results in an injury or premature death for a resident, financial compensation may be available.
To review a potential nursing home case with one of our attorneys, request a free consultation and claim evaluation.
No Comments • Add Your Comments