When you placed your loved one in a nursing home, you trusted the facility to keep them safe. For residents with dementia or Alzheimer’s, wandering is a serious risk that can lead to falls, injuries, exposure to extreme weather or even death.
If your family member was harmed because a facility failed to prevent wandering, you need to understand what legal options exist in Delaware and when a nursing home can be held responsible.
Understanding why wandering happens and the risks involved
Wandering affects up to 60% of people with dementia at some point. It is not simply walking around. It is a symptom of confusion where residents become disoriented, search for something familiar or try to leave because they do not recognize where they are.
The consequences can be devastating. Residents who wander without supervision may fall down stairs, walk into traffic or suffer from dehydration, hypothermia or serious injuries. Delaware nursing homes have a legal duty to evaluate each resident’s wandering risk and put safety measures in place.
Recognizing when a facility has failed its duty
Delaware nursing homes must follow federal and state rules designed to protect residents. These rules require facilities to keep residents safe from accidents and ensure proper supervision. This means evaluating residents properly, creating individual care plans and using safety measures like door alarms, locked units or extra monitoring.
When a facility knows a resident is at risk for wandering but fails to take reasonable steps to prevent it, they may be responsible for injuries that result. Warning signs include not having enough staff, lack of dementia training, broken alarm systems or records showing staff ignored care plan requirements.
Holding facilities accountable through legal action
If your loved one was injured or died because of wandering-related neglect, Delaware law allows you to file a claim against the facility. You may receive compensation for medical bills, pain and suffering, and in cases of extreme neglect, additional damages as punishment.
You generally have two years from the date of injury to file a claim. However, certain rules may extend or affect this deadline. Evidence like incident reports, care plans, staffing records, video footage and medical records helps prove whether the facility failed in its duty of care.
Taking steps to protect your family member
While legal action cannot undo the harm your loved one suffered, holding facilities responsible can prevent future tragedies and provide your family with answers and financial support. If you suspect neglect, write down the details of what happened, request copies of all medical and facility records, and talk with a lawyer experienced in Delaware nursing home cases.
Your loved one deserved better care, and facilities must be held to standards that keep vulnerable residents safe.