A medical professional in scrubs and gloves examines brain scans displayed on a large screen in a surgical environment.

Mount Laurel NJ Personal Injury Law Blog

At Ginsberg & O’Connor, P.C., we have spent more than 40 years fighting for the rights of the seriously injured and their families throughout New Jersey. When you hire our firm, you’re not just getting a lawyer—you’re gaining a partner who will stand by you through every stage of your recovery. We offer free case reviews and handle every case with the personal attention and dedication it deserves.

The Problem Of Elopement—and Why The Nursing Home May Be Liable

Memory care units are a reality for many families with loved ones suffering from dementia or Alzheimer’s disease. And “many” is soon to become a much larger number. The Center for Disease Control expects the number of adults affected by Alzheimer’s disease and dementia to triple in the next 40 years, bringing the number of adults affected to around 14 million by 2060.

When you entrust your loved one into a long-term care facility, you establish an understanding with that facility regarding the care your loved one will receive, and the safety they will provide. If a family member elopes from the facility—meaning they escape the safety of the space—the facility breaks that trust.

Why do people with dementia and Alzheimer’s elope?

Your first instinct might be to assume that your loved one escaped aka eloped because they are unhappy in the memory care unit. However, research indicates it’s more likely the escapee was seeking to fill an unmet need. Perhaps they were looking for human contact, food, water, a different environment or relief from pain.

Often, the best way a medical care unit can handle those prone to wandering and exit-seeking is with a person-centered approach. The more the caregiver knows about the individual’s habits and needs, the better care they can provide. Of course, in an understaffed nursing home, this can be difficult to manage.

What safety precautions can long-term care facilities put in place to protect your loved one?

Memory care units can enact safety measures to protect residents and reduce opportunities for elopement.

Safety measures could include:

But what if they fail to do so? What if the facility is negligent?

Is the facility liable?

While it depends on the circumstances, you may be able to hold the facility accountable if your loved one is injured during elopement if you can prove that the care facility neglected its duty. For example, if the facility was understaffed or the door was left unlocked, you may have a personal injury case.