Our nursing home neglect legal team recently settled a lawsuit against a Michigan nursing relating to a resident elopement. The nursing home resident was ambulatory and was identified as an elopement risk by the nursing home staff. Due to her condition of dementia and other risk factors, she was placed on the second floor of the nursing home. The resident attempted to elope from the facility by climbing out of a second story window. She landed in the parking lot and suffered serious orthopedic injuries which required multiple surgeries and a lengthy hospitalization.
The lawsuit alleged that the nursing home staff failed to properly monitor and supervise the resident after she was identified as an elopement risk. The lawsuit also alleged that the facility windows were not properly maintained because they could be opened the entire distance of the window and did not have a safety feature to limit the opening of the window. A simple measure, like a screw or wooden stick, would have preventing the window from opening wide enough for the patient to climb through it.
The parties engaged in extensive discovery of all witnesses to the incident, the invetigating police detective, and the nursing home staff. The case was set for trial in the Oakland County Circuit Court but settled for a confidential amount before the trial date.