Failures to Supervise

When one of our loved ones must transition to a nursing home, there are rules, standards and guidelines designed to protect the resident. When the nursing home breaks these rules, these standards or care, our attorneys can help you and your family hold the nursing home accountable for their actions.

Federal nursing home laws and regulations require that every new patient/resident in a nursing facility have an assessment done when they enter the home and that the assessment be updated whenever there are changes in the resident’s condition and on a regular basis in any event.

Nursing homes must, upon admission, prepare a Federally required report which must include a written plan of care which describes the residents’ ability to function independently and their general capacity to operate without supervision.

Based on the results of this assessment, proper actions must be taken to determine what level of unsupervised access the resident should have to the outside on their own and the general need to supervise the resident.

Many elderly nursing home residents are unable to protect themselves from harm or mentally unable to appreciate their safety needs. Some of them are confused or suffer from some form of dementia. These individuals must be supervised more closely than other residents.

If a resident poses a high risk of wandering or attempting to leave the facility unsupervised, the nursing home has an obligation to have proper devices in place and sufficient staff to prevent wandering.

Sadly, not all nursing homes do this. When they do not, they may be liable for injuries which happen when they do not.

Failure to provide proper care could result in confused residents being placed in a position where they are helpless, lost and alone.

In many cases simple steps should be taken to reduce the risk of wandering off or elopement. Steps that should be taken include:

  • Use security cameras or have security staff to prevent elopement
  • Moving higher risk residents nearer to the nurses’ station
  • Have sufficient staff to monitor high risk residents
  • Lock the doors for sections of the nursing home where high risk wanders are housed
  • Place alarms or bells on doors

The nursing home staff also must be trained properly how to use and monitor any devices that are in place and respond correctly when a resident does attempt to elope or leave.

If your loved one has been injured or died in a nursing home or other elder care facility you need a lawyer. Call Carabin Shaw, we will fight for your loved one’s rights. Call 1.800.862.1260.

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