On September 16, 2024, a Michigan woman was sentenced to two years of probation, with the first six months in jail, for her role in the death of an 82-year-old woman in December 2022. The defendant was convicted in June by a Clinton County jury of one count of Vulnerable Adult Abuse — Second Degree. The resident, who was under the defendant’s care at an assisted living facility in Clinton County, died of exposure after being left unsupervised. The defendant was also ordered to pay $1,115.00 in restitution to the daughter of the resident.
During the early morning hours of December 23, 2022, the defendant observed the resident attempting to go outside without appropriate attire into a blizzard with single-digit temperatures, subzero windchill, and blowing snow. According to the Michigan Attorney General’s press release, as a caregiver, the defendant recklessly failed to act to prevent the resident from going outdoors in the storm, which ultimately led to 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 being discovered. The resident was transported by ambulance to a nearby hospital but died due to hypothermia shortly after arrival. The Bath Township Police Department worked closely with the Department of Attorney General to investigate the matter and gather evidence that led to the defendant being charged in November 2023.
Compliance Perspective
Issue
Facilities are responsible for identifying and assessing a resident’s risk of leaving the facility without notifying staff and for developing interventions to address this risk. Policies should clearly define the mechanisms and procedures for assessing, 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. Residents identified as at risk should have specific interventions included in their comprehensive plan of care. Staff must maintain documentation showing that these policies have been implemented. Furthermore, a facility’s disaster and emergency preparedness plan should include procedures for locating a missing resident.
Discussion Points
- Review policies and procedures regarding the prevention of and response to resident elopement to determine if any changes are necessary. Also review policies and procedures related to adequate monitoring, staffing levels, and security measures to prevent residents from wandering away from the facility.
- Train staff on the importance of providing adequate monitoring and care for residents. Conduct elopement drills to ensure that staff on all shifts are prepared to respond competently.
- Periodically audit to verify that residents’ elopement risk assessments are completed at admission and updated regularly or as needed. Additionally, audit to ensure 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.*
