Can You Sue If a Nursing Home Resident Wanders Away?

Wandering – also known as eloping –  is a significant risk for nursing home residents who have dementia and who are experiencing other forms of cognitive decline. Residents who wander are often unable to protect their own safety, and in many cases, this can tragically lead to life-altering or fatal consequences. 

Due to the risks that wandering presents, nursing homes have a legal duty to prevent it. As a result, when a nursing home resident wanders away, this can provide clear grounds to take legal action. 

Wandering is Generally a Sign of Nursing Home Negligence or Neglect

While there are numerous reasons why a nursing home resident wanders, in almost all cases, wandering is a sign of either: (i) nursing home negligence; or, (ii) nursing home neglect. Both of these can have dire consequences, and they can both serve as grounds for suing a nursing home in Wisconsin. 

Wandering as a Consequence of Nursing Home Negligence

Nursing home negligence can—and unfortunately does—take many different forms. Broadly speaking, nursing home negligence encompasses any and all failures to meet a nursing home’s obligations under Wisconsin law. 

While not all forms of negligence present risks for wandering, many of them do. For example, factors that can lead to wandering (and that nursing homes have a legal duty to avoid) include:

• Failure to follow residents’ individualized care plans 
• Failure to monitor all entrances to the nursing home
• Failure to repair or replace non-functioning monitoring or safety equipment (i.e., security cameras or door locks)
• Inadequate nursing home staffing
• Hiring unqualified or untrained staff members 

Again, these are just examples of negligence that can occur when a nursing home resident wanders. Nursing home negligence can take many other forms as well. Ultimately, if any failure leads to a resident wandering away, this can potentially serve as grounds for suing the resident’s nursing home. When the factors that led to a resident wandering away are not clear, the family’s lawyer can conduct an investigation focused on gathering the evidence needed to establish liability.

Wandering as a Symptom of Nursing Home Neglect 

Nursing home neglect is a specific form of nursing home negligence that involves failing to adequately meet residents’ needs. Nursing home neglect can itself take many different forms, and all of these forms can potentially lead to a resident wandering away. Some of the most common (and most troubling) examples of nursing home neglect that can lead to wandering include:

• Leaving at-risk residents unattended in common areas
• Ignoring residents in their rooms for hours or days
• Ignoring residents’ medical needs
• Failing to provide residents with adequate nutrition and hydration 
• Isolating residents from their family members and other residents
• Failure to comply with care plans and/or facility policies

In the vast majority of circumstances, these will constitute blatant violations of nursing homes’ legal obligations. Nursing homes exist to provide for and protect their residents, and when nursing homes abdicate their fundamental responsibilities, they can—and should—be held accountable. Sadly, far too many nursing homes either prioritize their profits over their residents’ safety or are ill-equipped to meet their residents’ needs. In both scenarios, when a nursing home resident wanders as a result, legal action can be clearly warranted. 

What to Do After a Loved One Wanders Away from a Wisconsin Nursing Home

With these considerations in mind, when a nursing home resident wanders away, family members can—and should—take steps to seek accountability. Some of the first steps to take in this scenario include: 

1. Contact Emergency Services if Necessary 

If necessary, you should not hesitate to contact emergency services. Family members can contact emergency services to report dangerous conditions in nursing homes and to seek care for their loved ones. Nursing homes cannot prevent residents or their families from calling 911, and they cannot deny residents access to the care they need. 

2. Preserve as Much Evidence and Information as Possible 

If a loved one has wandered away from a Wisconsin nursing home, you should try to preserve as much evidence and information as possible. Keep any relevant documentation you have in your possession, and write down as many details as you can. 

3. Hire a Lawyer to Represent Your Family 

Holding the nursing home accountable will involve hiring a lawyer to represent your family. Once you hire a lawyer, your family’s lawyer will be able to take all necessary steps to protect your family’s legal rights and take appropriate legal action. Hiring a lawyer costs nothing out-of-pocket in this scenario, and you should be able to schedule a free consultation right away. 

Talk to a Wisconsin Nursing Home Negligence Lawyer for FREE

If you need to know more about your family’s legal rights, we encourage you to contact us promptly. 

Contact the Wisconsin nursing home negligence lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.