Contracted Legionnaires' Disease in a Nursing Home? Our Lawyers Are Here to Help.

Nursing homes are meant to provide safe, clean, and comfortable environments for elderly and vulnerable individuals who require specialized care. Unfortunately, outbreaks of Legionnaires’ disease—a serious type of pneumonia caused by Legionella bacteria—can occur in nursing homes and put residents at significant risk. Due to compromised immune systems and existing health conditions, elderly residents are especially vulnerable to the disease, which can have severe or fatal consequences.

What Is Legionnaires’ Disease?

Legionnaires’ disease is a type of pneumonia caused by the Legionella bacterium, commonly found in freshwater environments. However, it can also thrive in man-made water systems like those in nursing homes, hospitals, and large buildings. The disease is contracted by inhaling airborne water droplets contaminated with the bacteria. Outbreaks in nursing homes are particularly concerning because they can lead to severe illness among residents due to weakened immune systems and close living quarters.

Legionnaires’ disease can be treated with antibiotics, but early diagnosis is crucial, as delayed treatment can lead to complications or even death. Symptoms of the disease include high fever, muscle aches, cough, and difficulty breathing, which often resemble symptoms of other illnesses. Consequently, early detection in nursing homes can be challenging, but critical to preventing widespread illness.

Why Nursing Home Residents Are at Higher Risk

Nursing home residents are more susceptible to Legionnaires’ disease due to several factors:

• Weakened Immune Systems: Many nursing home residents have pre-existing health conditions or weakened immune systems, making it harder for their bodies to fight off infections.
• Age: Legionnaires’ disease primarily affects people over 50, especially those with compromised respiratory systems, making nursing home residents a high-risk group.
• Shared Facilities: Nursing homes often have shared water systems, where the bacteria can spread through showers, faucets, hot tubs, and HVAC systems, increasing the risk of exposure.
• Close Living Quarters: In nursing homes, residents live in close proximity, meaning that once Legionella bacteria contaminates a water source, it can affect multiple people.

Nursing homes have a responsibility to maintain a safe environment, which includes taking preventative steps to control the spread of bacteria and keeping water systems clean. When they fail to do so, the consequences can be severe.

Common Causes of Legionnaires’ Disease Outbreaks in Nursing Homes

Outbreaks of Legionnaires’ disease in nursing homes are usually the result of negligent maintenance or poor management of water systems. Some common causes include:

Improper Water Temperature Control

Legionella bacteria thrive in water temperatures between 77°F and 113°F. If a facility fails to maintain appropriate water temperatures outside this range, it can create an environment where the bacteria can proliferate.

Inadequate Disinfection Protocols

Proper disinfection of water systems, including the use of chemicals like chlorine, can prevent Legionella bacteria from growing. In nursing homes that do not follow adequate disinfection protocols, water systems can quickly become a breeding ground for the bacteria.

Poor Maintenance of Cooling Towers and HVAC Systems

Cooling towers and heating, ventilation, and air conditioning (HVAC) systems can harbor Legionella bacteria. If these systems are not regularly inspected and maintained, they can spread contaminated water droplets throughout the facility.

Stagnant Water in Pipes and Tanks

Infrequently used pipes or water storage tanks can result in stagnant water, which promotes the growth of Legionella bacteria. Nursing homes that have parts of their water systems that are rarely used are at higher risk for contamination.

Failure to Conduct Routine Water Testing

Regular water testing is essential in identifying and controlling Legionella bacteria. Nursing homes that fail to test their water systems can miss signs of bacterial contamination, leading to unintentional exposure among residents.

When nursing homes neglect these important maintenance tasks, they increase the risk of a Legionnaires’ disease outbreak, placing residents in danger.

Recognizing Symptoms of Legionnaires’ Disease

Symptoms of Legionnaires’ disease can resemble those of other types of pneumonia or respiratory infections, making it difficult to diagnose without specific tests. Common symptoms include:

• High fever
• Chills
• Cough (dry or with mucus)
• Muscle aches
• Shortness of breath
• Chest pain
• Nausea, vomiting, or diarrhea
• Confusion or mental changes, particularly in elderly patients

If a nursing home resident begins to exhibit these symptoms, it’s important to seek medical attention immediately. Early diagnosis and treatment are crucial to preventing the disease from progressing to a more severe state.

Legal Rights of Nursing Home Residents and Families

When a nursing home fails to prevent a Legionnaires’ disease outbreak, families and residents may have grounds to pursue legal action. Nursing homes have a legal duty to provide a safe environment, and this includes properly maintaining their water systems to prevent the spread of bacteria. If a resident contracts Legionnaires’ disease due to negligent practices, the nursing home may be liable for damages.

Steps to Take If Legionnaires’ Disease Is Suspected in a Nursing Home

If you or a loved one is diagnosed with Legionnaires’ disease, health and safety should be your priority. Tend to any symptoms and follow all medical treatment advice. Keep a record of the symptoms, medical diagnosis, and treatment received for Legionnaires’ disease. This documentation will be important for establishing a case. You may also consider relocating yourself or your loved one to a different facility.

Families also have the right to request records related to the nursing home’s water system maintenance, including any recent water testing and inspection reports.

Next, contact Morgan & Morgan. One of our nursing home neglect attorneys can help you understand your legal rights, investigate the facility’s practices, and guide you in seeking compensation. If negligence is proven, affected families can file a lawsuit against the nursing home. Compensation may cover medical expenses, pain and suffering, wrongful death claims, and other damages.

Preventing Legionnaires’ Disease in Nursing Homes

Nursing homes can take several proactive steps to reduce the risk of Legionella bacteria contamination and protect residents from Legionnaires’ disease:

• Regular Water Testing and Monitoring: Implement routine water testing to detect Legionella bacteria and ensure water quality standards are met.
• Maintain Optimal Water Temperatures: Keep hot water systems above 140°F and cold water below 68°F to reduce the likelihood of bacterial growth.
• Disinfect Water Systems Routinely: Use proper disinfection techniques, such as chlorination, to kill any bacteria present in the water systems.
• Flush Unused Water Lines: Regularly flush water lines that are infrequently used to prevent stagnation.
• Properly Maintain HVAC and Cooling Systems: Schedule regular inspections and maintenance of HVAC and cooling towers to prevent Legionella contamination.

Frequently Asked Questions

Why are nursing home residents particularly at risk for Legionnaires’ disease?

Nursing home residents are often older and may have weakened immune systems or chronic health conditions that make it harder for their bodies to fight off infections. This, combined with the close living quarters and shared water systems in nursing homes, increases their vulnerability to Legionnaires’ disease.

Nursing homes can, unfortunately, also be prone to neglect and abuse by staff, leaving residents in undesirable conditions.

How can Legionnaires’ disease outbreaks happen in nursing homes?

Outbreaks in nursing homes typically result from poor water system maintenance, such as:

• Failure to properly disinfect water sources
• Not maintaining the correct water temperature to prevent bacterial growth
• Lack of routine water testing
• Infrequent maintenance of cooling towers and HVAC systems

Any negligence in these areas can allow Legionella bacteria to thrive and spread throughout the facility.

Can I take legal action if my loved one contracted Legionnaires’ disease in a nursing home?

Yes, if negligence on the part of the nursing home contributed to the outbreak, you may be able to pursue a lawsuit for damages. Nursing homes are legally required to provide a safe environment for residents, which includes proper water system maintenance. A successful lawsuit can help cover medical expenses, pain and suffering, and other damages related to the illness.

What compensation can be sought in a Legionnaires’ disease lawsuit?

In a Legionnaires’ disease lawsuit, you may be able to seek compensation for:

• Medical expenses
• Pain and suffering
• Emotional distress
• Wrongful death (in cases where the disease was fatal)

The specific compensation available depends on the circumstances of the case, so consulting with an experienced attorney at Morgan & Morgan can help you understand what damages may be recoverable.

Morgan & Morgan Can Help

If you or a loved one has been affected by Legionnaires’ disease in a nursing home, Morgan & Morgan is here to help. Our attorneys have extensive experience in nursing home negligence cases and understand the unique challenges these cases present. We can assist you in investigating the facility’s practices, gathering evidence, and pursuing compensation on behalf of your loved one.

We offer a free, no-obligation case evaluation to review your situation and discuss potential legal options, and you won’t pay any other upfront fees if we work together. The Fee Is Free™, and you only pay if we win your case or recover a settlement.

Our firm is committed to helping families navigate the legal process and seek justice for loved ones harmed by Legionnaires’ disease outbreaks. Contact Morgan & Morgan today for a free case evaluation, and let us help you and your family pursue the justice you deserve.