Lexington Nursing Home Elopement Lawyer

Lexington Nursing Home Elopement Attorney

When you hear a loved one has eloped from their nursing home, it can be easy to expect the worst. Any number of incidents can occur when a resident is left unsupervised and wanders off the premises, which puts them at risk for injury or even death. If an elderly adult in your life has experienced this, a skilled Lexington nursing home elopement lawyer can help you hold the facility accountable.

When a resident elopes and suffers injuries or harm, it can leave their families scared, angry, and confused. At Pleasant Law, PLLC, we’re committed to helping you find the answers and receive the compensation you deserve.

What Is Nursing Home Elopement?

Elopement refers to a nursing home resident leaving the premises without supervision. In these situations, the resident is often at risk of injury or even death, especially if they have a cognitive impairment. Nursing homes are legally required to provide a safe environment for residents and are obligated to prevent these incidents from occurring in the first place.

As people get older and are unable to care for themselves, they rely on long-term care facilities to keep them safe and comfortable in this stage of their lives. As of 2024, there are approximately 21,056 residents in Kentucky nursing homes.

Even though nursing homes operate under both state and federal laws, incidents of abuse, neglect, and negligence still happen. That’s why it’s important to understand your rights and know how to hold a negligent facility accountable. An experienced nursing home abuse lawyer can help you to understand your rights in this situation.

Common Causes of Nursing Home Elopement in Lexington

While many long-term care facilities have methods in place to keep residents safe, incidents of elopement can still occur due to lapses in care. Some of the most common causes of nursing home elopement include:

• Cognitive impairments. Many residents in long-term care facilities have cognitive disabilities such as Alzheimer’s disease or dementia. These impairments can impact their memory as well as their decision-making skills, which can lead them to leave the nursing home in search of any number of things or people.
• Poor security. Nursing homes without proper security protocols can pose a serious risk to residents. To keep residents safe, facilities can utilize cameras, door alarms, and secure entrances and exits.
• Understaffing. Kentucky nursing homes have been facing staffing shortages, which impacts the quality of care residents receive. The Kentucky Association of Health Care Facilities (KAHCF) and the Kentucky Center for Assisted Living (KCAL) report that there are about 3,000 open positions in long-term care facilities in Kentucky. Moreover, the Bureau of Labor Statistics states that healthcare has been down by 450,000 jobs since 2020, with nursing homes and residential care facilities accounting for almost all of that loss.

What to Do if a Loved One Eloped from a Lexington Nursing Home

If you’re dealing with a nursing home elopement case, it’s important to file a claim as soon as possible. You must file with the Kentucky Cabinet for Health and Family Services’ Division of Health Care within one year for them to investigate. Be sure to include as much information as possible as you prepare your complaint. When it comes to building a case, no detail is too small.

If you work with a Lexington nursing home elopement lawyer, they can assist with gathering key evidence, including professional opinions, inspection records, medical records, and more. Plus, they’ll be able to use their knowledge of the law to find weaknesses in the defendant’s case and secure you a fair outcome.

When you file a claim against a nursing home, you can expect to enter negotiations with their insurance company to try to reach a fair settlement. If you can’t reach a settlement agreement through negotiations with the at-fault party’s insurance company, your attorney can help you file an official case with the court.

You can recover both economic and non-economic damages from these cases, depending on your situation, and a Lexington nursing home elopement lawyer can help you determine what you’re owed and build a case to help you get it.

Beyond the damages paid to you or your elderly loved one, agencies like the Centers for Medicare & Medicaid Services (CMS) can also impose additional penalties such as fines, sanctions, and license revocations in some cases.

FAQs

What Are the Possible Consequences of Elopement in Lexington Nursing Homes?

Elopement can be dangerous for any elderly adult, especially so for those who have cognitive impairments. When an elderly resident leaves a nursing home without supervision, any number of incidents can occur. They put themselves at risk for dangers such as accidents, emotional trauma, exposure to the elements, dehydration and malnutrition, and more.

How Can Elopement Be Prevented in Lexington Nursing Homes?

There are plenty of ways to prevent elopement in nursing homes. Some simple preventative measures include having adequate staffing, alarms, diligent front desk staff, fenced-in grounds, monitored cameras, regular bed checks and roll calls, working locks, and more. Long-term care facilities are typically required to give every resident an elopement screening before they’re admitted to identify high-risk residents.

How Can a Lexington Nursing Home Elopement Lawyer Help?

While you’re not legally required to work with an attorney, it can help improve your chances of securing a positive outcome in your case. A Lexington nursing home elopement lawyer not only has hands-on experience handling cases like yours but also understands how to navigate Kentucky law and can build a strong case based on evidence and research.

What Are the Legal Responsibilities of Nursing Homes in Lexington?

Nursing homes are legally required to provide a safe and comfortable environment for residents and protect them from any potential harm. It is their duty to take care of each resident in regard to their mental, physical, and psychosocial well-being. If an employee’s actions cause a resident’s health to decline, it’s crucial to report the incident and put a stop to any untoward behavior.

Set Up an Appointment With a Lexington Nursing Home Elopement Lawyer Today

Our attorneys at Pleasant Law, PLLC, have 20 years of experience handling nursing home injury and wrongful death cases in Lexington, so we’re familiar with the process of filing a claim against a long-term care facility and seeking compensation on behalf of our clients. Reach out to our office to set up an appointment with our team and discuss your case with a Lexington nursing home elopement lawyer today.