On June 7, 2024, Michigan Attorney General Dana Nessel announced that a 58-year-old woman was convicted by jury of Vulnerable Adult Abuse—Second Degree. The charges were related to the death by exposure of an 82-year-old woman on December 23, 2022. The charge is a 4-year felony.
At the time she died, the woman was under the defendant’s care at an assisted living facility in Clinton County where the defendant was employed.
The Attorney General admitted evidence during the 2.5-day trial showing that during the very early morning hours of December 23, 2022, the defendant twice observed the resident attempt to go outside without appropriate attire into a blizzard with single-digit temperatures, subzero windchill, and blowing and drifting snow. According to the charge, the defendant, as a caregiver, recklessly failed to act to prevent the resident from going outdoors into the storm, resulting in her death.
A snowplow driver found the resident in the parking lot around 7 a.m., partially buried in snow. It is unknown precisely how long she was outside before she was found. She was transported by ambulance to a nearby hospital but died due to hypothermia shortly after arrival.
“This verdict does not undo the tragic loss of life, but we hope it serves as a reminder of the immense responsibility caregivers have,” said Nessel.
The defendant is scheduled to be sentenced on July 29th at 10:30 a.m. by Judge Cori E. Barkman of the 29th Circuit Court.
Compliance Perspective
Issue
Facilities are responsible for identifying and assessing a resident’s risk for leaving the facility without notification to staff and developing interventions to address this risk. Facilities should have policies that clearly define the mechanisms and procedures for assessing or identifying, monitoring, and managing residents at risk for elopement. This can help to minimize the risk of a resident leaving a safe area without the facility’s awareness and/or appropriate supervision. Early assessment is key. All residents should be assessed on admission and at least quarterly thereafter. An additional risk assessment should be performed after there is any change in a resident’s condition. The resident at risk should have interventions in his or her comprehensive plan of care to address the potential for elopement. Staff need to be able to show documentation that the policies were implemented. Furthermore, a facility’s disaster and emergency preparedness plan should include a plan to locate a missing resident.
Discussion Points
- Review policies and procedures regarding prevention of and response to resident elopement to determine if any changes should be implemented. Also review policies and procedures for ensuring provision of adequate monitoring, sufficient staffing, and that there is adequate security to prevent residents from wandering away from the facility.
- Train staff regarding the importance of providing adequate monitoring and care for the residents. Conduct elopement drills to ensure staff on all shifts know how to competently respond.
- Periodically audit to ensure that residents’ elopement risk assessments are completed at the time of admission and updated periodically and as needed. Also audit to ensure that staff are performing assigned checks of residents.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
