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Respiratory Infections in Nursing Homes

Helping families nationwide

Respiratory infections are one of the leading causes of hospitalization and death among elderly nursing home residents. While some illnesses are unavoidable, many become far more dangerous when facilities fail to detect symptoms early, isolate contagious residents, or provide timely medical treatment.

At The Higgins Firm, we represent families nationwide whose loved ones suffered serious complications—or died—due to respiratory infections that were ignored, mishandled, or allowed to spread. We help you understand what went wrong, who is responsible, and how to move forward.

High-Risk Respiratory Infections in Nursing Home Residents

Respiratory infections can range from mild to life-threatening in older adults. What might be a short-lived illness in a healthy individual can result in pneumonia, sepsis, or respiratory failure in a nursing home resident, especially when the immune system is already compromised.

Common Respiratory Infections in Long-Term Care Settings:

Condition Details & Risks
Pneumonia Bacterial, viral, or aspiration-related; a top cause of death in nursing homes
Influenza (Flu) Easily spreads facility-wide; can escalate to pneumonia or secondary infections
Bronchitis Often viral; causes inflammation, difficulty breathing, and fatigue
COVID-19 Requires isolation, testing, vaccination, and rapid response
RSV (Respiratory Syncytial Virus) Particularly dangerous for seniors; rising in prevalence
Aspiration Pneumonia Caused by inhaling food, drink, or vomit; preventable with proper care

These illnesses can escalate quickly. Without proper surveillance, oxygen monitoring, and prompt treatment, residents are at high risk of severe complications.

Who’s Most at Risk for Respiratory Infections?

Residents at highest risk of serious respiratory infection include:

  • Those with chronic lung conditions (e.g., COPD, asthma)
  • Individuals with dementia or Parkinson’s, who may struggle to clear secretions or report symptoms
  • Bedbound or wheelchair-bound residents with limited mobility
  • Residents recovering from surgery or other infections
  • Individuals with feeding tubes or swallowing disorders (at risk of aspiration)
  • Anyone with a compromised immune system

These residents require extra vigilance—not excuses.

Warning Signs Nursing Homes Must Not Ignore

Staff should be trained to recognize and act on even mild respiratory symptoms. Common signs of infection include:

  • Cough (wet, dry, or productive)
  • Shortness of breath or wheezing
  • Chest pain
  • Fever or chills
  • Increased confusion or lethargy
  • Low oxygen saturation levels
  • Difficulty swallowing or signs of aspiration

Delayed treatment—even by hours—can result in hospitalization or death. Facilities that dismiss symptoms as “normal aging” or wait until a resident becomes unresponsive are violating their duty of care.

How Respiratory Infections Spread in Negligent Facilities

Negligent Practice Risk to Residents
Inadequate hand hygiene Rapid cross-contamination between residents
Poor isolation protocols Facility-wide outbreaks of flu, COVID-19, or RSV
Delayed symptom recognition Infections worsen before treatment begins
Understaffing Fewer checks on respiratory status and oxygen levels
Lack of PPE use Transmission from sick staff to vulnerable residents
Missed vaccination campaigns Higher risk of flu, COVID-19, and pneumonia

In many facilities, basic infection control failures create the perfect environment for outbreaks to thrive.

What the Law Requires

Under the Nursing Home Reform Act, facilities must:

  • Monitor and document all changes in condition
  • Provide timely medical assessments and interventions
  • Maintain infection prevention and control programs (CMS-mandated)
  • Isolate contagious residents appropriately
  • Administer flu, pneumonia, and COVID-19 vaccines (with consent)
  • Communicate health status changes to families promptly

Failure to comply with these obligations may result in civil liability, regulatory fines, or wrongful death claims.

How We Investigate Respiratory Infection Cases

Higgins Nursing Home Abuse Lawyers conducts thorough legal and clinical reviews to determine if your loved one’s infection—and its outcome—could have been prevented.

We will:

  • Examine medical records, oxygen logs, vaccination history, and symptom documentation
  • Review staff protocols around infection control and patient monitoring
  • Interview witnesses, staff, and other families when applicable
  • Compare care practices to federal infection control guidelines
  • Work with medical experts, pulmonologists, and infectious disease consultants
  • Investigate history of outbreaks or prior violations at the facility

We don’t just look at what happened—we dig into how it was allowed to happen.

Potential Compensation for Respiratory Infection Harm

Families may be eligible for compensation for:

  • Emergency care and hospitalization
  • Prolonged rehabilitation or oxygen therapy
  • Pain and suffering from delayed diagnosis
  • Permanent injury or diminished quality of life
  • Wrongful death and funeral expenses
  • Punitive damages (for gross negligence or repeat violations)

Why Families Nationwide Turn to The Higgins Firm

Choosing a law firm after a medical crisis isn’t just about legal results—it’s about trust, focus, and follow-through. Families across the country turn to Higgins because we offer more than representation. We offer a partnership rooted in clarity, compassion, and relentless advocacy.

What Sets Us Apart:

  • We Focus Exclusively on Nursing Home Abuse & Neglect
    This isn’t one of many practice areas—it’s the only one. We’ve built our firm around protecting seniors and vulnerable adults in long-term care.
  • We Represent Families in All 50 States
    From our home base in Nashville, TN, we handle cases nationwide, including against some of the largest nursing home chains in the country.
  • We Understand the Medical Side of These Cases
    Our team works closely with infectious disease experts, pulmonologists, wound care nurses, and other specialists to support your claim with clear, credible evidence.
  • We Prioritize Communication and Transparency
    You’ll never be left wondering where your case stands. We keep families informed and involved from the first call to final resolution.
  • We’re Built to Go the Distance
    Whether through negotiation or litigation, we pursue results that reflect the seriousness of what your loved one experienced—and we don’t settle for less.

If your loved one suffered from a severe or fatal respiratory infection in a nursing home, we can help determine if neglect played a role. The earlier you reach out, the sooner we can investigate, preserve evidence, and guide you toward answers and accountability.

Nationwide Nursing Home & Abuse Lawyers

Dedicated legal advocates protecting your loved ones nationwide. When nursing homes break their promise of care, our experienced attorneys fight for the justice your family deserves.