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Elopement

Elopement Attorneys in New York

ELOPEMENT

Elopement from nursing homes has become a very serious and fairly common problem. Nursing home elopement is the exiting of a nursing home, by a resident, without supervision or anyone on the staff knowing about his or her departure. This is extremely dangerous, as often the residents do not have the ability to care for themselves. In many cases, elopement from nursing homes has lead to the death of the resident.

Dementia is the biggest cause of elopement from nursing homes. It is a condition that causes the patient to have intellectual problems, and so his or her ability to conceptualize and understand situations or danger is lessened. It has been reported that approximately 50% of nursing home patients have been diagnosed as suffering from dementia. 20% of these patients have been reported to have wandered.

To avoid elopement, many rules and laws have been put into effect. Rules made by OBRA (the Omnibus Budget Reconciliation Act of 1987) must be complied with by all nursing homes that receive Medicare or Medicaid reimbursement.

According to OBRA, the most important step to avoid elopement is for the staff to assess each patient, the needs of this patient, and whether he or she has the potential to wander. From this information, the staff should develop an individual plan of care for this patient specifically. The next step of prevention should be some form of supervision, such as door alarms, warning systems, video surveillance, or even electronic wristbands that can monitor the movement of residents. Additionally, the facility should have an immediate plan of action ready for when a patient tries to elope. The staff should be trained on how to quickly and properly handle a resident trying to elope.

Through these steps, OBRA hopes that the number of elopements each year will be reduced substantially.


If a loved one has eloped from a nursing home and has been injured during the absence, we can help. Call us today for a free consultation. (866) 794-1112 


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  • $4.8 Million Settlement for family of 29 Year Old Manhattan Cyclist
  • Recovery for Manhattan Pedestrian
  • Recovery for Victim of Vespa Crash
  • Recovery for Doctor's Failure to Properly Diagnose and Treat Breast Cancer
  • Recovery for Victim of September 11th Attack at the World Trade Center

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    If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.
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    Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
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    Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.

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    I could not recommend Flanzig & Flanzig more highly for their expertise, skill, professionalism, and care. After being hit by a car, I was hospitalized for a month due to multiple fractures and surgeries and had to undergo intensive physical therapy—during which time Daniel and his team took care of all the medical billing, insurance claims, and legal paperwork so that my family and I could focus on my recovery. Throughout the duration of the matter, Daniel and his team continued to handle all the legal heavy lifting and logistics/administration so that I wouldn’t be burdened, and Daniel was always communicative and proactive in providing updates and answering my questions. Thanks to Daniel’s work, experience, and capability, I received a much more significant settlement on a much faster timeline than expected. I’ve recommended Flanzig & Flanzig to other friends seeking a personal injury attorney, and I am incredibly grateful to Daniel and his team for their continued work and care. Their time, understanding, and expertise mean so much to me and my family for making an incredibly stressful and taxing situation much easier.
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  • “Daniel s a truly amazing person, honest, & a great human being.”
    Flanzig & Flanzig are the best attorneys you could possibly find. They did the best for me. The whole process from start to finish, was absolutely fantastic after a big nationwide law firm screwed up my case and Daniel was there to help me settle. Also, it’s my second experience with them. He is a truly amazing person, honest, and a great human being. I definitely recommend them.
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