Even if a unit is not "locked," they are still responsible for the safety of the residents they choose to admit. If they accept a resident with a known wandering risk, they must provide the level of supervision necessary to keep that person safe.
Yes. Any incident where a resident’s whereabouts are unknown or where they leave the property unsupervised must be reported to the licensing agency (CDSS or CDPH) immediately.
In California, the Elder Abuse Act allows for the recovery of damages for mental suffering. The terror of being lost and confused in an unfamiliar environment is a significant form of trauma that we hold facilities accountable for.
Yes. Facilities must have protocols to ensure that residents do not follow visitors out of the building (a behavior known as "tailgating"). It is the facility's responsibility, not the visitor's, to secure the exits.
These are electronic bracelets worn by at-risk residents. They are designed to trigger an alarm or lock a door if the resident gets too close to an exit. If these fail to work, the facility can be held liable for negligent maintenance.
Ensure they receive a full medical evaluation immediately. Dehydration, falls, and exposure can cause internal damage that isn't always visible. Once they are stable, document the incident and contact an Oakland wandering and elopement attorney.
In most cases, yes. Facilities that house residents with dementia have a duty to assess their risk for wandering and implement safety measures. If a resident is able to leave the facility unsupervised, it usually indicates a failure in staffing or security technology.
Yes, under the doctrine of "vicarious liability" and corporate negligence laws. A facility is responsible for the conduct of its staff. Furthermore, we often find that "individual" abuse is a direct result of management failing to conduct background checks, provide...
State agencies can issue fines, but they cannot secure compensation for your loved one’s injuries. While a California Department of Public Health (CDPH) investigation is a vital part of the process, their goal is regulatory compliance. A private lawsuit is the only...
Retaliation is strictly illegal under California law, and facilities face severe penalties for attempting it. We can work with the Ombudsman and state licensing agencies to monitor your loved one’s care. In many cases, the most effective way to protect a resident is...
