In Georgia, nursing homes are responsible for keeping residents safe, especially those living with dementia. However, when a resident leaves a facility without supervision, often called elopement, the results can be tragic.
These cases raise tough questions about who’s liable when someone with cognitive issues wanders off and is injured or worse.
The Difference Between Wandering and Elopement
Wandering means a resident is moving aimlessly inside or near the facility. Elopement happens when that same person slips past staff and actually leaves the property. Both are serious.
Elopement is especially dangerous because the resident might be confused, unable to ask for help, or missing important medication. In some cases, it leads to falls, exposure to the elements, or even death.
Why Facilities May Be Held Liable
Georgia law requires nursing homes to provide enough supervision to prevent avoidable accidents. This includes identifying residents at risk of wandering and creating a care plan that accounts for those risks.
Federal regulations also apply. Nursing homes that accept Medicaid or Medicare must meet certain standards under 42 CFR §483.25, including protecting residents from harm through proper monitoring and safety tools.
When a resident elopes and is hurt, the nursing home may be found negligent if they failed to:
- Properly assess the resident’s risk,
- Train staff on how to respond to wandering behavior,
- Secure exits or alarms,
- Or follow the care plan in place.
Even small oversights, such as skipping safety checks or not logging exit codes, can open the door to legal action.
Simple Steps Could Make a Big Difference
Preventing elopement often comes down to having a clear plan. That means more than locking doors. It means:
- Training staff
- Adjusting care plans as behaviors change
- Using tracking devices when needed
- Doing regular rounds
Facilities are also expected to avoid blanket restrictions and instead use strategies based on each resident’s needs and condition.
We Help Georgia Families Hold Nursing Homes Accountable
At The Williams Litigation Group, we help families across Georgia take legal action after elopement incidents. If your loved one wandered away from a facility and suffered injuries, we’re here to talk through your options. Contact us today for a free consultation.