Lawsuit Filed after Resident Leaves Assisted Living Facility and Drowns

A lawsuit has been filed against an assisted living facility in Illinois after an 82-year-old man with dementia went missing from the facility and drowned.  The resident had been reported missing early in the morning on July 30, 2021. He had dementia and was last seen walking away from the facility, police said at the time. An Endangered Missing Person Advisory was issued for him. The police department also issued an alert asking the community to check their local area for the missing man. Police canines were used to aid in the search. 

A person called 911 three days later, after spotting a body in a nearby pond. Authorities retrieved the body from the pond, and the county coroner’s office confirmed it was the missing resident. The man’s cause of death was drowning, and the coroner’s office said his death was not considered suspicious in nature. 

A lawsuit was then filed against the assisted living facility. The lawsuit said the resident was known to pace the hallways at the facility and was at risk for elopement. 

According to the lawsuit, on the day the resident went missing, an exit door was broken and did not latch or alarm. An employee had reportedly exited the door to throw out garbage and did not secure or latch the broken door, which was used by the resident a short time later to leave the facility. 

According to the plaintiff’s attorney, the facility failed to have proper measures in place that would have prevented the resident’s elopement from the facility. The lawsuit seeks an unspecified amount of money in excess of $50,000. 

Issue: 

Every resident upon admission and at least quarterly should be assessed for elopement risk. Residents that have been accessed as high risk for elopement should have a care plan in place that lists interventions to keep the resident safe and free from elopement. The medical team should always be made aware of any elopement attempts, and the care plan should be updated as necessary. Facility policies that clearly define the mechanisms and procedures for assessing or identifying, monitoring, and managing residents at risk for elopement can help to minimize the risk of a resident leaving a safe area without authorization and/or appropriate supervision. A facility’s disaster and emergency preparedness plan should include a plan to locate a missing resident. 

Discussion Points: 

  • Review policies and procedures for ensuring provision of adequate monitoring, sufficient staffing, that there is adequate security to prevent residents from wandering away from the facility, and that alternate security plans are available for implementation when needed. 
  • Train all staff on appropriate interventions for residents who have been assessed as high risk for elopement. When malfunctions of the security system occur, a secondary process must be implemented to replace non-functioning equipment and action steps. Education and supervision must be provided to ensure that the temporary process is known and followed by everyone. Document that the trainings occurred, and file the signed training document in each employee’s education file. Conduct elopement drills to determine the level of staff competency in responding to a missing resident event, and provide additional education as needed. 
  • Periodically audit to ensure that residents’ elopement risk assessments are completed at the time of admission and updated periodically and as needed, and that staff are performing assigned checks of residents. Review care plans for residents identified at risk for elopement to ensure appropriate interventions are present and implemented.