SCHEDULE A FREE CONSULTATION TODAY! NO RECOVERY NO FEE
Call: 407.612.6464 • 863.324.3500
SCHEDULE A FREE CONSULTATION TODAY! NO RECOVERY NO FEE
Call: 407.612.6464 • 863.324.3500
Date: 07 August, 2023 | Blog | Nursing Home Neglect | Elopement | By: Sanga Turnbull
Introduction
Elopement in nursing homes is a grave issue that raises concerns not only about resident safety but also the legal and ethical responsibilities of healthcare providers. When an elopement results in injury, the matter becomes even more complex. This article aims to dissect the subject of injuries sustained during nursing home elopements, focusing on Florida law and federal statutes that provide guidelines and regulations.
Federal Statutes and Guidelines
While there is no exclusive federal statute that directly addresses injuries sustained during nursing home elopements, the Centers for Medicare & Medicaid Services (CMS) has guidelines concerning the safety and welfare of residents. According to 42 CFR § 483.25(h), nursing homes must ensure a hazard-free environment for residents, which by implication includes preventing elopements that could result in injuries.
Florida State Laws on Nursing Home Elopements and Injuries
Florida has particular regulations that address nursing home elopements, under Florida Administrative Code Rule 59A-4.1265. It specifies that nursing homes must have established policies to prevent elopements and handle them if they occur. Importantly, injuries sustained during such elopements can qualify as "adverse incidents," which must be reported to the Agency for Health Care Administration within 15 days. Failure to do so can result in severe legal consequences.
Types of Injuries and Legal Consequences
Injuries during elopements can vary in severity, from minor cuts and bruises to more serious issues such as fractures, heat stroke, or even fatalities. Under Florida law, nursing homes can be held liable for such injuries if it can be proven that they were negligent in their duty to provide a safe environment or if they failed to adhere to federal and state guidelines on resident safety.
Sanga Turnbull is the founder and principal attorney at The Turnbull Law Firm, a Florida law firm helping personal injury victims in Winter Haven and Orlando recover compensation for harm done to them by the negligence of others. The comprehensive personal injury practice at The Turnbull Firm includes all manner of motor vehicle accidents, nursing home neglect and abuse, slip and fall, workplace and industrial accidents, medical malpractice, catastrophic injury, wrongful death, and more. Injury victims or their families are invited to call The Turnbull Firm for a no-cost, confidential consultation about any potential claims they may have.
SANGA TURNBULL - BIOGRAPHY › › ›
Sanga Turnbull is the founder and principal attorney at The Turnbull Law Firm, a Florida law firm helping personal injury victims in Winter Haven and Orlando recover compensation for harm done to them by the negligence of others. The comprehensive personal injury practice at The Turnbull Firm includes all manner of motor vehicle accidents, nursing home neglect and abuse, slip and fall, workplace and industrial accidents, medical malpractice, catastrophic injury, wrongful death, and more. Injury victims or their families are invited to call The Turnbull Firm for a no-cost, confidential consultation about any potential claims they may have.
SANGA TURNBULL - BIOGRAPHY › › ›
