CASE REPORT: RESIDENT LEAVES FACILITY AND DIES FROM EXPOSURE

This case comes to us from Illinois and involves an “elopement.” An elopement is simply the act of a nursing home resident leaving the facility without the permission and knowledge of the nursing home staff.

In Taylor v. Manorcare Health Services a 75 year old resident suffered from dementia and had a propensity to wander. He was fitted with an electronic monitoring device which allowed the nursing staff to be aware of his location at all times. Unfortunately, one evening the resident, without shoes or outerwear, left the facility without the knowledge of the staff. He was found a few blocks away, lying on the ground, suffering from hypothermia.

The resident’s family sued Manorcare alleging the facility was negligent by failing to ensure the resident’s electronic bracelet was working, failed to properly supervise the resident, and failed timely note that the resident had left the facility and promptly notify the police. The case was settled before trial for $825,000.

Dan Frith

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.