Levin & Perconti attorneys have secured a $1,000,000 settlement, the full insurance policy limit, for the family of an 88-year-old man who died after wandering unsupervised onto a locked terrace at a nursing facility. The man, who had shown repeated signs of confusion in the days leading up to the incident, tragically fell from the second-floor terrace and succumbed to his injuries two days later.
Series of Events That Led Up to the Fatality
In the days before the fatal event, staff observed abnormal behavior, and he was briefly hospitalized with a urinary tract infection (UTI), which can increase confusion and delirium in older adults. After returning to the facility, his confusion persisted. Staff found him naked in the laundry room, yelling at inanimate objects, and he repeatedly expressed a desire to leave.
Despite these warning signs, no formal nursing documentation was made for three consecutive days, until a certified nursing assistant (CNA) finally noted his disorientation the day before the incident. That night, the facility heard a call for help, and the CNAs and LPNs looked for its source.
Security footage later revealed that the resident had wandered onto the facility’s second-floor terrace, and he became trapped outside. For 15 agonizing minutes, he struggled alone in view of the facility’s cameras. The video shows him trying to re-enter the building before climbing onto a utility box, where he ultimately fell over the railing to the street below.
Our client showed clear signs of confusion for days, but the facility failed to document his condition, failed to reassess him, and failed to provide the supervision he so clearly needed. Then, when he was visibly struggling on a locked terrace for over fifteen minutes, no one was monitoring the live security footage. The systems meant to protect him were either ignored or not used at all. That kind of failure is indefensible.
In addition to failures in nursing documentation and response, the legal team argued that the facility’s security staff failed to monitor the live video feed that captured the entire incident. Timely intervention could have saved the resident’s life.
Facilities have an obligation to monitor residents, especially those showing signs of acute confusion. The idea that no one responded while he was visible on camera for 15 full minutes is horrifying. No family should ever have to learn their loved one died in that way.
Wake-Up Call on Wandering and Nursing Home Facility Security
This case highlights two critical failures in long-term care: inadequate response to changes in condition and poor oversight of residents at risk for elopement or wandering.
UTIs are a well-documented cause of delirium in older adults. Confusion, agitation, and disorientation are common warning signs that should trigger heightened supervision and care planning. When nursing homes fail to properly assess infections, document, and respond, the consequences can be deadly.
Moreover, facilities often rely on security footage as a tool for post-incident review. But video monitoring is only useful if someone is actually watching. In this case, the cameras recorded a tragedy in real-time while staff remained unaware.
Legal Support for Nursing Home Neglect and Abuse in Illinois
Levin & Perconti is a nationally renowned personal injury law firm that concentrates in all types of serious injury, medical malpractice, nursing home abuse, and wrongful death litigation. The lawyers at Levin & Perconti are committed to protecting and defending the rights of people who are injured by others’ negligence.
At Levin & Perconti, our nursing home neglect attorneys are committed to holding negligent nursing homes accountable and fighting for the safety and dignity of every resident.
If your loved one has been seriously injured or died as a result of nursing home neglect, we’re here to help. Contact us today for a free consultation.
