Nursing homes and long-term care facilities in Alberta are entrusted with the care and protection of some of society’s most vulnerable members. Among the many responsibilities these facilities carry, one of the most critical is ensuring that residents who are at risk of wandering or eloping are properly monitored and safeguarded. When nursing homes fail to meet this duty, the consequences can be devastating—and legally actionable.
Understanding Wandering and Elopement in Long-Term Care Settings
“Wandering” refers to when a resident with cognitive impairment moves about the facility disoriented or aimlessly. “Elopement” occurs when that same resident leaves the premises entirely, often unnoticed by staff. Both behaviours are commonly associated with residents living with Alzheimer’s disease, dementia, or other cognitive conditions.
While wandering may not always pose an immediate danger within a secured facility, elopement presents a significant and immediate threat to a resident’s safety. Once outside the protective environment of the nursing home, vulnerable residents may be exposed to extreme weather, traffic hazards, environmental dangers, or even criminal activity.
Why Are Some Residents at Risk?
Not all nursing home residents are at equal risk of wandering or elopement. Certain medical and psychological conditions significantly increase the likelihood of these behaviours. These include dementia, Alzheimer’s disease, brain injuries, and various mental health conditions. Residents with recent transitions into care, a history of elopement, or expressions of wanting to “go home” may also exhibit these tendencies.
Part of a facility’s responsibility is to perform risk assessments upon admission and throughout the resident’s stay. These assessments help staff identify which residents may be at risk and what precautions must be taken. When staff ignore these indicators or fail to create appropriate care plans, the nursing home may be liable for any resulting harm.
The Legal Duty of Care Owed by Alberta Nursing Homes
Under Alberta law, nursing homes owe a duty of care to their residents. This duty includes providing a safe environment and taking reasonable steps to prevent foreseeable harm. Facilities must implement appropriate safety measures for residents at risk of elopement, including physical barriers, supervision protocols, alarm systems, and regular monitoring.
If a facility fails to provide reasonable protections and a resident is injured or killed as a result of wandering or elopement, the nursing home may be found negligent. Such negligence forms the basis for a personal injury or wrongful death claim.
Common Failures That Lead to Elopement Injuries
Many elopement incidents occur due to a breakdown in safety protocols. Common examples of negligence include:
- Failure to perform or update risk assessments
- Inadequate staffing levels
- Lack of proper training for staff on how to manage wandering residents
- Defective or absent security measures (e.g., broken door alarms or unlocked exits)
- Failure to monitor residents appropriately, especially during shift changes or meal times
These lapses can result in a resident leaving the facility unnoticed, sometimes for hours or even days, placing them at grave risk.
The Devastating Consequences of Elopement
The injuries associated with elopement are often serious, particularly in Alberta, where seasonal weather conditions can pose life-threatening risks. A resident who wanders outside in the winter may suffer from frostbite or hypothermia. In warmer seasons, dehydration and heatstroke become serious concerns. Other dangers include traffic accidents, falls, and physical assault.
Even if the resident is found unharmed, the emotional trauma can have long-lasting effects. Families may feel betrayed by the institution they trusted to keep their loved one safe. The psychological toll on the resident, especially if they are living with dementia, can be profound.
When Can a Nursing Home Be Held Liable?
For a nursing home to be held legally responsible for a wandering or elopement injury, the plaintiff must prove that the facility breached its duty of care and that this breach directly caused the injury. In many cases, the evidence will focus on the facility’s failure to implement basic safety protocols or to follow a resident’s care plan.
The standard of care expected from nursing homes is based on what a reasonable, prudent facility would do under similar circumstances. Expert testimony, staff records, incident reports, and facility policies can all be used to build a compelling case. Surveillance footage or witness statements may further substantiate that staff failed to act appropriately.
The Role of Families in Identifying Neglect
Families play a crucial role in protecting their loved ones. They are often the first to notice warning signs of neglect, such as frequent unexplained bruises, stories of residents wandering alone, or a general lack of supervision. If concerns are raised and the nursing home fails to act, this can be a strong indication of systemic negligence.
Documentation is essential. Family members who suspect their loved one may be at risk should keep detailed records of their observations and communications with staff. This information can be invaluable if legal action becomes necessary.
Compensation Available in Nursing Home Negligence Cases
If a resident is injured or dies as a result of wandering or elopement due to negligence, families may pursue compensation through a civil lawsuit. Damages may include:
- Medical expenses
- Pain and suffering
- Emotional distress
- Funeral and burial costs
- Loss of companionship
Punitive damages may also be awarded in cases where the negligence was particularly egregious. While no amount of money can undo the harm, a successful claim can help families obtain justice and encourage systemic change.
Taking Action to Protect Your Loved One
If your loved one has been injured after wandering or eloping from a nursing home in Alberta, it is essential to act quickly. Evidence can disappear, memories fade, and limitation periods may apply. Consult with a lawyer as soon as possible to understand your legal options and begin seeking justice.
No family should have to suffer the heartbreak of learning that a preventable tragedy occurred under professional care. Nursing homes must be held to account when they fail to protect the people entrusted to them. Through legal action, families secure accountability and help improve care standards across the province.
Contact the Nursing Home Personal Injury Lawyers at Cuming & Gillespie LLP in Calgary
Nursing home negligence cases are complex and often emotionally charged. They require a careful review of medical records, internal facility policies, staff testimonies, and applicable legislation. At Cuming & Gillespie LLP, our knowledgeable personal injury lawyers ensure your case is thoroughly investigated and your family’s rights are protected. We are one of the top plaintiff-side personal injury firms in Western Canada and have extensive experience in nursing home negligence.
We are proud to be strong legal advocates who help ensure accountability and potentially prevent future harm to other vulnerable residents. To book a free consultation, please contact us online or call (403) 571-0555.