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ELOPEMENT AND WANDERING IN NURSING HOME ABUSE ACTIONS
ELOPEMENT AND WANDERING IN NURSING HOME ABUSE ACTIONS
Elopement and wandering are among the most dangerous—and most preventable—events in long-term care facilities. When a resident with dementia or cognitive impairment is allowed to leave the building, slip out of a secured unit, or wander without supervision, the facility has almost always failed to follow required safety protocols. California elder-abuse case law makes clear that ignoring known risks, failing to implement care-plan interventions, or providing inadequate supervision can rise to reckless neglect under EADACPA. In Delaney v. Baker, the court held that disregarding a dependent elder’s known vulnerabilities supports enhanced remedies beyond ordinary negligence. Sababin v. Superior Court reinforced that failing to follow care plans and ignoring required assessments constitutes a conscious disregard for resident safety—precisely the conduct that leads to elopement and harm. Mack v. Soung further recognized that delaying protective action or withholding necessary care may support elder-abuse liability. When a facility’s security lapses allow a resident to wander into traffic, suffer exposure injuries, sustain falls, or go missing entirely, courts have allowed families to pursue substantial compensation, including pain and suffering, attorney’s fees, and—in cases reflecting systemic failures—punitive damages under the principles outlined in Covenant Care. Elopement is never “unavoidable”—it is a breakdown in supervision, staffing, and safety systems, and California law holds facilities accountable for these preventable tragedies.
Elopement and wandering are among the most dangerous—and most preventable—events in long-term care facilities. When a resident with dementia or cognitive impairment is allowed to leave the building, slip out of a secured unit, or wander without supervision, the facility has almost always failed to follow required safety protocols. California elder-abuse case law makes clear that ignoring known risks, failing to implement care-plan interventions, or providing inadequate supervision can rise to reckless neglect under EADACPA. In Delaney v. Baker, the court held that disregarding a dependent elder’s known vulnerabilities supports enhanced remedies beyond ordinary negligence. Sababin v. Superior Court reinforced that failing to follow care plans and ignoring required assessments constitutes a conscious disregard for resident safety—precisely the conduct that leads to elopement and harm. Mack v. Soung further recognized that delaying protective action or withholding necessary care may support elder-abuse liability. When a facility’s security lapses allow a resident to wander into traffic, suffer exposure injuries, sustain falls, or go missing entirely, courts have allowed families to pursue substantial compensation, including pain and suffering, attorney’s fees, and—in cases reflecting systemic failures—punitive damages under the principles outlined in Covenant Care. Elopement is never “unavoidable”—it is a breakdown in supervision, staffing, and safety systems, and California law holds facilities accountable for these preventable tragedies.
Related Services: Los Angeles Elder Abuse Attorney, Orange County Elder Abuse Attorney, San Diego County Elder Abuse Attorney, Riverside County Elder Abuse Attorney, San Bernardino Elder Abuse Attorney, Ventura Elder Abuse Attorney, Santa Barbara Elder Abuse Attorney
Learn More About Practice Areas: Nursing Home Abuse, Pressure Ulcers/Bedsores, Falls and Fractures, Dehydration and Malnutrition, Infection, Sepsis, Delayed Treatment, Physical Abuse, Sexual Abuse, Elopement and Wandering, Medical Malpractice in Nursing Home Abuse Actions, Assisted Living Actions for Abuse And Neglect, Wrongful Death In Nursing Homes, Wrongful Death in Long Term Care
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Jasinska Law Firm is a dedicated California elder abuse and nursing home neglect firm. As an RN-attorney, Eliza combines medical and legal expertise to investigate bed sores, falls, medication errors, understaffing, and long-term care neglect. If you need an elder abuse attorney, nursing home neglect lawyer, or skilled nursing facility neglect attorney, we are here to help.
Jasinska Law Firm is a dedicated California elder abuse and nursing home neglect firm. As an RN-attorney, Eliza combines medical and legal expertise to investigate bed sores, falls, medication errors, understaffing, and long-term care neglect. If you need an elder abuse attorney, nursing home neglect lawyer, or skilled nursing facility neglect attorney, we are here to help.
How We Help in Nursing Home Elopement & Wandering Cases
How We Help in Nursing Home Elopement & Wandering Cases
- Identify failures in supervision, secured-unit monitoring, and required safety protocols
- Review care plans and records to uncover ignored assessments or missed interventions
- Apply key California cases (Delaney, Sababin, Mack) to prove reckless elder neglect
- Expose security lapses that allowed a resident to leave the building or wander unsupervised
- Hold facilities accountable for injuries from exposure, traffic, falls, or missing-person events
- Pursue full compensation, including attorney’s fees and punitive damages when warranted
If your loved one wandered, went missing, or suffered harm due to poor supervision, call Jasinska Law Firm PC at 866-248-0535 for a free consultation.
If your loved one wandered, went missing, or suffered harm due to poor supervision, call Jasinska Law Firm PC at 866-248-0535 for a free consultation.
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