Failure to Evacuate: Holding Nursing Homes Accountable for Negligence During Emergencies

Imagine a raging wildfire, a devastating hurricane, or even a localized gas leak. Now, picture being trapped in a nursing home, completely reliant on others for your safety. This is the reality for over 1.4 million residents in approximately 15,600 nursing homes across the United States. While these facilities are entrusted with the care and protection of our most vulnerable, a disturbing number of them fail to adequately prepare for and execute emergency evacuations, leading to tragic consequences. In fact, a 2023 report by the Office of the Inspector General (OIG) found that 77% of nursing homes in high-risk disaster areas reported challenges with emergency preparedness, with staffing and transportation being the most problematic areas.

The Legal Duty of Care: Nursing Homes and Emergency Preparedness

Nursing homes have a legal and ethical responsibility to ensure the safety and well-being of their residents. This duty of care extends to all aspects of their lives, including protection during emergencies. When a nursing home fails to adequately prepare for or execute a necessary evacuation, it can be held liable for negligence.

Federal regulations and many state laws mandate that nursing homes develop and implement comprehensive emergency preparedness plans. These plans must include:

Risk Assessment: Identifying potential hazards, both natural and man-made, that could affect the facility.
Evacuation Procedures: Detailed plans for safely and efficiently evacuating residents, including transportation arrangements, communication protocols, and staff responsibilities.
Staff Training: Regular training for all staff members on emergency procedures, including evacuation protocols, resident assistance, and communication strategies.
Communication Plan: A plan that includes contact information for relevant partners, processes for the exchange of resident information and primary and alternate means of communication.
Emergency Power Systems: Plans for maintaining power to life-sustaining equipment and essential services during power outages, including inspection, testing, and maintenance requirements.
Subsistence Needs: Policies and procedures that address providing food, water, medical, and pharmaceutical supplies whether they evacuate or shelter in place.

These regulations are in place for a reason. As one study highlighted, from 1995 to 2017, there were 51 reported nursing home evacuations in the US, resulting in 141 deaths. The study also found that external events like hurricanes were responsible for the majority of deaths during evacuations.

What Constitutes “Failure to Evacuate”?

A “failure to evacuate” can take many forms, all of which can have devastating consequences:

Lack of a Plan: The nursing home does not have a comprehensive, up-to-date evacuation plan that addresses all potential hazards.
Inadequate Training: Staff members are not properly trained on evacuation procedures, leading to confusion and delays during an emergency.
Insufficient Staffing: There are not enough staff members available to safely assist all residents during an evacuation, especially those with mobility issues or cognitive impairments.
Transportation Issues: The nursing home does not have adequate transportation arrangements in place to evacuate all residents in a timely manner.
Failure to Act: Even with a plan in place, the nursing home fails to initiate an evacuation when necessary, putting residents at risk.
Poor Communication: Lack of clear communication with residents, families, and emergency responders during an evacuation.
Neglecting Resident Needs: Failing to provide for residents’ basic needs, such as medication, food, and water, during and after an evacuation.

Holding Nursing Homes Accountable: Negligence and Liability

When a nursing home’s failure to evacuate results in injury or death to a resident, the facility can be held liable for negligence. To prove negligence, the following elements must be established:

Duty of Care: The nursing home had a legal duty to provide a safe environment for its residents.
Breach of Duty: The nursing home breached its duty of care by failing to adequately prepare for or execute an evacuation.
Causation: The nursing home’s breach of duty directly caused injury or death to the resident.
Damages: The resident suffered damages as a result of the injury or death, such as medical expenses, pain and suffering, or wrongful death damages.

Families who suspect negligence during an evacuation should gather as much evidence as possible, including:

Photographs of injuries or unsafe conditions
Medical records documenting the resident’s condition
Witness statements from staff, residents, or visitors
A copy of the nursing home’s emergency preparedness plan (if available)

The Role of Emergency Preparedness in Preventing Tragedy

Effective emergency preparedness is not just a legal obligation; it is a moral imperative. Nursing homes must prioritize the safety and well-being of their residents by taking proactive steps to prepare for potential disasters. This includes:

Regularly reviewing and updating emergency plans: Plans should be tailored to the specific needs of the facility and its residents, and they should be updated at least annually.
Conducting regular drills and exercises: Drills help staff members practice evacuation procedures and identify areas for improvement.
Investing in emergency equipment and supplies: This includes backup generators, communication devices, and adequate supplies of food, water, and medication.
Establishing strong relationships with local emergency responders: Coordination with local authorities is essential for a successful evacuation.
Ensuring adequate staffing levels: Sufficient staffing is critical for assisting residents during an emergency.

Advice

If you have a loved one in a nursing home, take an active role in ensuring their safety. Ask the facility about their emergency preparedness plan, and don’t be afraid to voice your concerns. By working together, we can hold nursing homes accountable and protect our most vulnerable citizens from the devastating consequences of a failure to evacuate.

Call to Action

If you believe that a nursing home’s negligence led to the injury or death of a loved one during an emergency, it’s crucial to seek legal guidance. Contact our firm today for a free consultation. We can help you understand your rights and explore your options for holding the responsible parties accountable.