Elopement From a Pennsylvania Nursing Home: When a Resident Gets Out

A resident leaving unnoticed is a supervision failure, and it is nearly always foreseeable.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Elopement means a resident leaving the facility unsupervised, and it is one of the clearest supervision failures there is. Wandering risk is assessable on admission and after any change in condition, and residents who elope have usually been identified as a risk already.

It is nearly always foreseeable

Residents who leave are typically those with dementia, and dementia is not a surprise diagnosis discovered on the day. Facilities assess elopement and wandering risk on admission and after changes in condition, and residents who elope have very often been flagged already, sometimes after an earlier attempt.

Which turns the question into: what did the facility do with what it knew?

What should have been in place

  • A documented wandering and elopement risk assessment, updated after any change.
  • A care plan with interventions matched to the risk.
  • Working door alarms and delayed egress systems, and evidence they were tested.
  • Wander alert bracelets where used, and a system that checks they are functioning.
  • Secured units for residents whose risk requires it.
  • Supervision adequate to notice an absence quickly.
  • A written elopement response procedure, drilled rather than filed.

The time gap is the case

Two questions decide most of these: how long was the resident gone before anyone noticed, and how long after that before anyone searched properly or called the police.

Elopements frequently end in serious harm because of exposure, traffic, falls or drowning, and outcomes are strongly time dependent. A facility that noticed within minutes and acted is in a very different position from one that discovered an empty bed at the next scheduled check.

Alarms that were switched off

A recurring finding. Door alarms disabled because they were sounding too often, propped fire doors, and alarm systems with no testing record. Ask for the maintenance and testing logs, not just the policy.

What to request

The elopement and wandering risk assessments, the care plan and revisions, incident reports including any earlier attempts, door alarm testing and maintenance records, staffing rosters for the shift, and the facility’s elopement response policy alongside what was actually done and when.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

Is elopement automatically the facility's fault?

Not automatically, but it is one of the clearest supervision failures and it is nearly always foreseeable. Facilities assess wandering and elopement risk on admission and after changes in condition, so the question is usually what they did with what they already knew.

What should have been in place?

A documented risk assessment updated after changes, a care plan with matching interventions, working door alarms and delayed egress with testing records, wander alert systems where used, a secured unit where the risk requires it, adequate supervision, and a drilled response procedure.

How long was too long?

There is no fixed number, and the two questions that decide these cases are how long the resident was gone before anyone noticed and how long after that before a proper search and a police call. Outcomes in elopement are strongly time dependent, so the gap is usually the case.

They told us the alarm was not working.

That is a common finding and it strengthens rather than excuses. Ask for the maintenance and testing logs rather than the policy. Alarms disabled because they sounded too often, and propped fire doors, appear repeatedly in these cases.

He had tried to leave before.

Then the facility was on notice, and the care plan should have been revised after the first attempt. A prior attempt with no change to interventions is among the strongest evidence available in an elopement case.

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Would rather talk now? (610) 601-2980