MRSA in Nursing Homes

Methicillin-resistant Staphylococcus Aureus (MRSA) in nursing homes can be a life-threatening infection, especially for elderly individuals who have compromised immune systems. Healthcare facilities have a responsibility to implement proper infection control practices and protect vulnerable individuals from deadly diseases.

If your loved one contracted MRSA in a nursing home or other healthcare facility, you can pursue compensation to help cover their needs. Contact the Nursing Home Law Center for a free consultation about an MRSA transmission lawsuit. 

What is MRSA? (Methicillin-Resistant Staphylococcus Aureus)

MRSA is a staph infection that is resistant to most infection control measures, including common antibiotics and sanitation protocols. Because these multidrug-resistant organisms are not treatable by normal antibiotics, MRSA is one of the most dangerous clinical infectious diseases [1]. 

Staphylococcus aureus is a common bacteria both in health care settings and everyday life, and it typically does not cause major complications. However, MRSA cannot be treated like a typical staph infection, and severe MRSA infections may even require surgery to drain the infection [2]. 

How Does MRSA Spread?

Methicillin-Resistant Staphylococcus Aureus infections occur from contact with MRSA carriers or surfaces that have MRSA bacteria. Staph bacteria can persist on surfaces for weeks, meaning that staff must properly sanitize all surfaces as often as possible [3].

MRSA colonization can occur by:

• Direct contact with colonized patients
• Touching contaminated objects or surfaces
• Sharing contaminated objects, including bedsheets, clothes, medical equipment, towels, and personal hygiene equipment
• Invasive medical devices [4] 

Why are Nursing Home Residents Particularly Vulnerable to MRSA?

Most MRSA infections are health care associated infections, which are acquired at acute care hospitals, assisted living facilities, and community nursing homes [5]. Elderly nursing home patients are particularly susceptible to contracting MRSA due to multiple risk factors, including immune suppression, shared living arrangements, and medical procedures. 

Weakened Immune Systems

Elderly residents typically have weakened immune systems because they have fewer immune system cells to fight off infection [6]. They may also be taking antibiotics for another infection. This can make them more susceptible to Methicillin-Resistant Staphylococcus Aureus colonization, and they may become sicker than a healthy person. 

Close Proximity and Shared Living Spaces

Long-term care facilities, like nursing homes, put elderly individuals in close contact with numerous other people on a daily basis. Because the infection spreads by touching surfaces or sharing tools, a nursing home without good hygiene and contact precautions can easily lead to an MRSA outbreak. 

Frequent Use of Invasive Devices (Catheters, IV Lines)

Invasive medical devices like catheters, IV lines, or colostomy bags make nursing home residents more vulnerable to MRSA acquisition. Invasive surgeries, such as knee replacement, can also cause infections in hospitalized patients [7].

These can easily become severe cases, like blood infections, because the Staphylococcus aureus bacteria can enter the bloodstream through the IV, catheter, or surgical site. 

Open Wounds and Pressure Sores

Nursing home residents with open wounds, like pressure sores, cuts, or ulcers, are especially vulnerable to an MRSA infection. If staff members or other patients touch the wound, they can transfer the Methicillin-Resistant Staphylococcus Aureus bacteria to the patient’s skin, where it enters the bloodstream. 

Symptoms of MRSA Infections in Nursing Homes

MRSA in nursing homes can lead to serious complications, including cellulitis, bone infections, pneumonia, bloodstream infections, and endocarditis, which is a heart infection [8]. In some cases, patients with weak immune systems may suffer from sepsis and death [9]. 

Symptoms of a MRSA infection include:

• Redness and swelling around the infection site
• Boils and rashes
• Chest pain
• Cough or shortness of breath
• Fatigue
• Chills or generally feeling unwell
• Fever
• Wounds that won’t heal [10]

Patients hospitalized with early signs of an MRSA infection may not be aware that they have, especially if they have other illnesses like kidney failure, cancer, or another infection. MRSA carriage is not obvious just from looking at the wound.

Acute care facilities must perform tests on any resident with symptoms of MRSA. This involves taking samples and sending them to the lab for testing. Once the lab finds Methicillin Resistant Staphylococcus Aureus, a hospital epidemiology unit will test surveillance cultures to see which antibiotics can be used [11]. 

Elderly patients admitted with an MRSA infection should be isolated from other patients and placed in the intensive care unit. The infection site may be drained, and the patient will be given antibiotics to fight the staph infection. These antibiotics may need to be taken for a long time, even after hospital discharge [12]. Additional medical care, like supplemental oxygen, may also be used if the patient has severe complications like pneumonia [13]. 

Nursing Home Negligence and the Spread of MRSA

Antibiotic resistance is a serious public health problem, and all nursing homes have a responsibility to protect elderly residents from MRSA transmission. MRSA in nursing homes may result from negligence, such as failing to implement proper staph infection control measures or not isolating MRSA carriers from other nursing home residents. 

The Duty of Care

Long-term care facilities have a duty of care to nursing home residents, which includes protecting them from infectious diseases. They must take reasonable infection control measures, like practicing good hygiene, sanitizing medical equipment, and wiping down all surfaces.

Even with the best infectious disease precautions, MRSA may still occur in nursing homes, especially if a patient recently had a hospital admission and contracted MRSA while there. When infections occur, the nursing home must do everything possible to prevent further MRSA colonization. 

These measures include isolating the infected patient, sending patients to acute care hospitals, and providing extra precautions for nursing home residents with weak immune systems, like those with cancer or HIV. 

Common Examples of Nursing Home Negligence Contributing to MRSA Outbreaks

Inadequate Hygiene – Nursing home staff must regularly wash their hands and wear clean gloves when interacting with patients, especially when cleaning or tending to an infection site.

Improper Disinfection Protocols – To kill Methicillin-Resistant Staphylococcus Aureus (MRSA), nursing home staff must regularly wipe down all surfaces and sanitize medical equipment after every use. 

Failure to Isolate Nursing Home Residents with an MRSA Infection – When nursing home residents contract MRSA, they must be isolated. Any staff who works with this patient must disinfect themselves before interacting with other staff or residents.

Overcrowding – MRSA colonization is more likely in crowded facilities, as the bacteria have more opportunities to spread. Placing too many residents in one nursing home can cause MRSA outbreaks.

Understaffing – It’s more difficult to monitor nursing home residents, sanitize surfaces, and provide proper care if staff members have too many residents to care for at once. MRSA in nursing homes may be more likely if the facility is not following proper staff ratios.

Negligent Wound Care – Methicillin-Resistant Staphylococcus Aureus can easily colonize any broken skin, such as diabetic ulcers, pressure cores, or cuts. When working with nursing home residents, staff should monitor any open sores carefully, wash their hands frequently, wear gloves, and cover wounds with sterile bandages so they’re not exposed to open air.

Failure to Monitor Nursing Home Residents with MRSA – Any patient with MRSA needs to be isolated from vulnerable residents. They should be watched closely for any signs of serious complications, like pneumonia or sepsis. 

Recognizing Signs of Possible Nursing Home Neglect Related to MRSA

Methicillin-Resistant Staphylococcus Aureus (MRSA) in nursing homes may occur when a patient contracts the illness in acute care hospitals and is then discharged. However, large MRSA outbreaks can suggest negligence in public health measures. 

Unexplained Infections or Frequent Illnesses

If a nursing home resident is regularly contracting illnesses that require hospitalization or multiple residents come down with an infection, this can be a sign that the nursing home is not taking enough care to prevent disease spread. 

Poor Hygiene and Unsanitary Conditions in the Facility

Loved ones should visit the nursing home frequently and look for signs of uncleanliness. Stained or old equipment, full trash bags, and dirty dishes can all indicate unsanitary conditions. A strong urine or feces smell suggests that the facilities are not being cleaned regularly and can be another sign of neglect. 

Look at the floors, walls, and bathrooms to see if they have been wiped down recently. Check bedding to ensure that it is not stained, and watch to ensure that linens and clothing are being cleaned regularly. You should also ensure that residents do not share personal belongings, such as razors, cups, toothbrushes, and other items. 

Staff Appearing Rushed, Overworked, or Unresponsive

Understaffing makes it difficult for staff to properly care for all residents, which can lead to large-scale outbreaks of Methicillin-Resistant Staphylococcus Aureus. If staff always seem busy or are difficult to approach, this may suggest overstaffing. 

Ask your loved one if their needs are quickly attended to or if they have to wait a long time for a nursing assistant to answer them when they press their call light. You should also look to see how many nurses or other staff are available per patient. 

Lack of Proper Wound Care or Pressure Sore Management

Open wounds are one of the major risk factors for MRSA in nursing homes. Any pressure ulcer or sore that goes untreated or gets worse may make the resident vulnerable to MRSA.

When checking wounds, look for signs of infection, such as redness, swelling, or draining. Ask the resident how long the wound has been there, how frequently it is being cleaned and dressed, and whether the staff wear gloves and wash their hands. 

Failure to Follow Infection Control Protocols (e.g., Handwashing, Isolation)

MRSA in nursing homes can spread quickly if infected patients are not immediately isolated. Watch closely to see if colonized patients are isolated and whether staff members are taking preventative measures, such as washing their hands and wearing personal protective equipment. 

Steps to Take if You Suspect MRSA Infection Due to Nursing Home Neglect

If your loved one contracted MRSA in a nursing home, you must act quickly. Elderly individuals may suffer serious complications from a staph infection, and they require immediate medical treatment. Follow these steps to ensure your loved one’s safety.

Seek Immediate Medical Attention for Your Loved One

Severe cases of MRSA can result in death. If your loved one shows any symptoms of MRSA, such as boils, rashes, fever, or trouble breathing, get them to a hospital immediately and ask that they be tested for MRSA. 

As MRSA can spread quickly, you should also take precautions to protect yourself. Do not touch any open wounds without wearing gloves, and wear personal protective equipment, like masks, when around your loved one. Wash your hands and wipe down any surfaces your loved one may have touched. Do not share utensils, bedding, or personal grooming tools. 

Document Your Concerns

MRSA in nursing homes often results from negligence, such as unsanitary conditions or inadequate infection prevention protocols. To document this, take videos and pictures of the facility when you visit. Write down dates, times, locations, and staff names. 

Ask residents, nurses, and visitors to share their concerns with you. Save any communications from the nursing home, including any that discuss their disease protocols. If possible, gather reports of any previous violations. Your nursing home negligence attorney can use this when developing a case. 

You should also gather your loved one’s medical records from before and after their infection. This can help demonstrate where they may have acquired the infection and what was done to treat it. 

Report Your Concerns

If you have any concerns about a nursing home, you must speak up. Contact the nursing home administrator and staff to demand action. Explain the circumstances at the facility, including any records that you may have. 

Record these conversations, such as via email or voice recording, whenever possible to keep a permanent record of what was said and done. You should provide these details to your attorney, as they can be used to identify liability. 

File a Complaint

You can file a complaint with the state agency that oversees nursing homes. The specific agency depends on the jurisdiction. In Illinois, the Illinois Department of Public Health is responsible for nursing home regulations. 

Contact an Experienced Nursing Home Neglect Attorney

Contact an experienced nursing home attorney as soon as possible. Not only will this ensure that crucial evidence is not lost, but the law firm will get the legal process started. As there is a two-year statute of limitations on medical malpractice or neglect in Illinois, you must file a lawsuit quickly to ensure that you do not miss this filing deadline. 

Filing a Lawsuit for MRSA Infection in an Illinois Nursing Home

A skilled nursing home neglect law firm can guide you through the entire legal process from start to finish. Attorneys will file the necessary paperwork, gather evidence, and negotiate with the nursing home’s insurance agency to receive proper compensation. 

Investigating the Case and Gathering Evidence

Attorneys are responsible for investigating all circumstances around the MRSA infection. To start, they will gather medical records from before and after the infection and then consult with medical experts about how the infection may have occurred.

Next, the attorney will review records from the nursing home to gain a full understanding of potential negligence. This can include any previous violations, staffing levels, the amount of residents in the facility, and staff training around disease prevention.

The law firm will also interview witnesses and gain their testimony. They may speak to other residents, who can share evidence of potential neglect, and talk to staff about how they identify and manage infections in the facility.

Together, this evidence paints a clear picture of the nursing home’s role in your loved one’s illness. This will be used to establish liability and file complaints against the specific individuals or organizations involved. 

Establishing Liability: Proving Negligence

To file a lawsuit against an individual or organization, it must be proven that they are liable for the harm caused by the infection. This means that they must have demonstrated negligence. 

Negligence has four factors: duty of care, breach of duty, causation, and damages. Duty of care means that the facility has a pre-established relationship with the plaintiff and must take reasonable steps to prevent harm. 

Breach of duty means that they failed to uphold their duty of care. In an MRSA case, this means that they did not adequately prevent infections through public safety measures like washing hands, wearing personal protective equipment, isolating ill patients, and sanitizing surfaces.

Causation is that this breach of care directly or indirectly caused the infection. Lastly, damages mean that the plaintiff suffered material losses, such as medical expenses, long-term care needs, or emotional distress, as a result of the breach of duty.

The evidence gathered by your attorney will help to provide liability. In many cases, there will be more than one defendant. For example, the resident may have contracted MRSA at the hospital, but their long-term care facility failed to identify the infection and treat it in time. This would mean that both the hospital and the nursing home are liable. 

Filing a Lawsuit Against the Nursing Home

To file a lawsuit, your attorney will gather all the evidence and submit a formal complaint in court. This lawsuit will include details like what happened, who is responsible, and what types of damages are being requested by the law firm.

Once the lawsuit has been filed, it will be sent to all the defendants, who will then be required to respond. In many cases, they will decide to settle out of court by entering negotiations with you and your attorney. 

Negotiating a Settlement

Negotiating a settlement is a faster process than going to trial. While it may not result in the highest possible compensation, it reduces stress on the family and is less expensive in terms of attorney fees. In general, a lawyer will start by negotiating with the nursing home’s insurance company before going to trial. 

To enter negotiations, the attorney will send a demand letter to the insurance company. This letter will outline all the damages being requested and explain how they arrived at this sum. The insurance company will then submit a counteroffer, which will be lower than the original demand.

If you and your attorney decide that the counteroffer is good enough, then negotiations end and you will receive your settlement. However, insurance companies will typically lowball you, offering a much lower sum than what you deserve. The attorney will then send a return offer that is between their original offer and the counteroffer. This process goes back and forth until all parties are satisfied. 

Going to Trial

While many MRSA claims are settled out of court, sometimes the insurance company will refuse to provide a fair offer, or they may drag out negotiations in hopes that the plaintiff will simply accept what they have to offer. If this occurs, you and your attorney may decide to go to court instead.

During the trial process, the attorney will take depositions, which are sworn statements by interested parties that provide additional context. Your attorney will then enter the discovery phase, where they share all information with the defendants. This ensures that everyone has access to the same information.

In a personal injury lawsuit, the plaintiff must provide a preponderance of evidence proving that the defendant is liable. If the jury agrees that there is a preponderance of evidence, they will award damages to the plaintiff. These damages will include both economic and non-economic damages.

If the jury decides against you, it’s possible to contest the judgment through an appeal. This would then send the case to the appeals court, where you and your lawyer will explain why the verdict was wrong. 

Compensation for MRSA Infections Caused by Nursing Home Neglect

Damages that can be received for MRSA infections in nursing homes are separated into economic and non-economic damages. Economic damages cover the financial losses you suffered as a result of the infection. These can include:

• Medical bills
• Out-of-pocket medical expenses, like physical therapy
• Future medical expenses, like additional treatments
• Lost earning potential if the resident was still working

If the person passed away due to the infection, the family can also be entitled to medical expenses before the person’s death, funeral costs, and burial expenses.

Non-economic damages consider the social and emotional impacts of the infection. These can include:

• Pain and suffering
• Inconvenience
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship for wrongful death

In some cases, a court may award punitive damages if the defendant’s actions went beyond gross negligence. While less common, punitive damages may still be awarded in a nursing home neglect case for severe MRSA infections, such as if the individual was confirmed to be infected but the nursing home did nothing to treat them. 

Statute of Limitations for Nursing Home Neglect Lawsuits in Illinois

Statutes of limitations differ based on state laws. In some states, plaintiffs have up to five years to file a lawsuit, while in others, they have only one year. Some will also have different statutes of limitations for various types of injuries, such as shorter statutes of limitations for car accidents and medical malpractice. 

In Illinois, the statute of limitations for personal injury and wrongful death is two years after the accident or death. This is a brief period, making it all the more important to contact an attorney as soon as possible after an infection.

Contact Us for a Free Consultation

Nursing home negligence may cause MRSA infections in long-term care facilities. Our attorneys fight for the rights of elderly individuals, ensuring that they can live in dignity and comfort.

Nursing Home Law Center is a top-rated law firm focusing specifically on nursing home neglect and abuse. We are rated 10 out of 10 on Justia Review and are a Super Lawyers firm, representing our authority in elder law.

To schedule a consultation with an experienced elder law attorney about nursing home neglect, call us at (800) 926-7565 or use our online contact form. 

References: [1] Centers for Disease Control, [2] Centers for Disease Control, [3] Cleveland Clinic, [4] Cleveland Clinic, [5] Mayo Clinic, [6] MedLine Plus, [7] MedLine Plus, [8] National Library of Medicine, [9] National Library of Medicine, [10] Penn Medicine, [11] Penn Medicine, [12] Penn Medicine, [13] National Library of Medicine