Gastroenteritis is a highly contagious disease, and in a nursing home it can be deadly, especially if proper protocols are not followed.
Below, our nursing home injury lawyers in Albuquerque explain more about gastroenteritis in nursing homes, including how it spreads and when nursing homes may be liable.
Need legal help for your loved one in a nursing home? Proving cases involving infectious diseases is challenging, but our lawyers at PKSD have decades of experience helping victims injured by nursing home negligence. We know what evidence is needed to build a strong case on your behalf.
Not sure if you have a legal case? Call our law offices to request a free, confidential consultation. We listen carefully to learn more about your situation, answer your questions, and explain what legal options may be available to you.
Schedule your free consultation today: 505-677-7777.
What Is Gastroenteritis?
You can think of gastroenteritis as a kind of stomach flu. People who get it have a lot of the same symptoms: diarrhea, vomiting, and severe stomach cramps. While some people have a slight fever with the disease, you can have it without running a temperature.
Why Gastroenteritis is So Dangerous to Elderly Residents?
When we hear about a “stomach bug” going around a nursing home, it might not sound too serious at first. After all, most of us have had a stomach flu before and recovered just fine. But for elderly residents in nursing homes, gastroenteritis (the medical term for stomach flu) can be much more dangerous than it is for younger, healthier people, and here’s a few reasons why:
- Elderly Residents Cannot Fight Infection as Well: As we age, our immune system becomes weaker and less effective. When a virus or bacteria attacks, an elderly or already frail individual has a much harder time fighting off a virus or infection than someone who is younger and healthier.
- Dehydration – a Serious Issue – Can Happen Fast: Gastroenteritis can cause residents to lose too much water in a short time from vomiting and from diarrhea. Older adults already have less fluid stored in their bodies – and keeping them hydrated when they are not sick is a challenge. When they get a stomach virus, residents can quickly become dangerously dehydrated, causing their blood pressure to drop and kidneys to malfunction.
- Existing Health Problems Make Things Worse: Most nursing home residents are already dealing with other medical conditions, like heart disease, diabetes, and kidney issues, making it harder to handle the stress of a serious virus.
- Viruses Spread Quickly in Group Living: Residents spend a lot of time together – in shared dining rooms and other common areas. When one person gets sick, germs can spread like wildfire if proper infection control protocols are not followed.
How Does Gastroenteritis Spread in Nursing Homes?
Gastroenteritis could spread through nursing homes at an alarming speed when proper prevention measures fail. These interactions reveal how facility negligence can create hazardous conditions for vulnerable residents.
- Person-to-Person Contact: Direct contact between infected individuals, including residents, staff, and visitors, serves as the primary transmission route.
- Contaminated Surfaces: Gastroenteritis-causing bacteria and viruses survive on surfaces for extended periods. These surfaces may include doorknobs, handrails, toilet handles, and dining tables.
- Airborne Transmission: Norovirus and other viral causes of gastroenteritis become airborne if someone vomits. Also, inadequate ventilation systems in nursing facilities allow infectious droplets to circulate throughout the buildings.
- Food Services: Contaminated food spreads gastroenteritis. Kitchen staff who fail to follow proper food handling procedures can introduce dangerous bacteria into meals served throughout the facility.
- Water Systems: Faulty water systems can spread gastroenteritis through bad plumbing, contaminated ice machines, and poor water treatment, putting residents at constant risk.
- Laundry and Personal Care Items: Contaminated bedding, clothing, and personal care items can spread infections. Mixing dirty and clean laundry or washing at unsafe temperatures increases contamination risks.
Can I Sue a Nursing Home for Gastroenteritis Caused by Negligence?
The short answer is yes—you can sue a nursing home if negligence caused your loved one’s gastroenteritis. There are federal and state laws facilities in New Mexico must follow to help prevent the spread of infections. The caveat is, you must be able to prove it. This is something the trusted law firm at PKSD is prepared to help you with. We are dedicated advocates for elderly nursing home residents, and have a history of holding at-fault nursing homes accountable for their negligence.
To have a case, your nursing home injury lawyer in Albuquerque must be able to establish these four elements:
- The Facility Owed a Duty of Care: The nursing home has a legal duty to take reasonable steps to prevent harm to residents in their care.
- The Nursing Home Breached its Duty: Facilities that do not follow proper hygiene practices or adhere to protocols can be negligent for damages stemming from an infection outbreak.
- This Breach Led to an Outbreak of Gastroenteritis: The outbreak was a direct result of the poor infection control or other negligence.
- Your Loved One Suffered Harm and Other Damages as Result: The outbreak caused your loved one to become ill and suffer serious or fatal harm because of the facility’s negligence, resulting in medical costs, pain and suffering, and other damages.
Who Can Be Liable if Gastroenteritis Spreads Throughout a Nursing Home?
Multiple parties may be liable if gastroenteritis spreads through a long-term care facility. At PKSD, we are prepared to investigate the circumstances of your claim and determine all potentially liable parties.
Staff Members
Employees who spread gastroenteritis through unsafe actions, such as working while sick or disregarding hygiene and cleaning rules, can be held personally responsible. Kitchen staff who break food safety rules may also face liability. However, nursing homes usually carry insurance that covers staff actions, so families typically seek compensation from the facility, not individual workers.
Nursing Home Facility
The facility is primarily responsible for gastroenteritis outbreaks resulting from unsafe practices. Nursing homes must keep the environment clean, follow infection control rules, and train staff properly. Cutting corners on cleaning, food safety, or isolation makes them directly liable for illnesses. Corporate owners can also be liable if profit-focused policies, understaffing, or poor training cause unsafe care and outbreaks.
Food Service Contractors
Many nursing homes hire outside companies to prepare meals. These contractors can be liable if contaminated food causes gastroenteritis. Unsafe handling, poor temperature control, or unsanitary preparation can lead to an increased risk of illnesses. Facilities may also be liable if they hire companies with poor safety records.
Medical Equipment and Supply Companies
Companies that provide contaminated medical supplies, cleaning products, or equipment can face liability when their products contribute to the spread of gastroenteritis. This includes suppliers of toxic medications, defective cleaning chemicals, or improperly sterilized medical devices.
What New Mexico Laws Protect Nursing Home Residents from Gastroenteritis Outbreaks?
Federal laws and state laws are used to protect nursing home residents. However, New Mexico enforces specific laws that require nursing homes to prevent gastroenteritis outbreaks through proper care standards and safety protocols. These laws may help establish a nursing home’s negligence.
New Mexico Nursing Home Licensing Act
The state’s primary nursing home law mandates facilities maintain sanitary conditions and implement infection control measures. This act requires proper food handling, adequate staffing levels, and detailed staff training on disease prevention. Facilities must report outbreaks to state health authorities within 24 hours and take immediate action to diffuse the situation.
New Mexico Health Department Regulations
State health regulations establish specific standards for kitchen sanitation, cleaning protocols, and isolation procedures. These rules require facilities to maintain detailed logs of cleaning activities, food temperatures, and staff health monitoring. Violations result in fines, license suspension, or facility closure.
How Do I Prove Nursing Home Negligence Caused My Loved One’s Gastroenteritis?
We strongly recommend seeking legal help right away. These cases are extremely complex and challenging to prove. Your attorney will need to establish a clear connection between the facility’s negligence and your loved one’s gastroenteritis. Strong evidence of that negligence will help to strengthen your case:
- Medical Documentation: Collect all medical records that document the onset of symptoms. Diagnostic tests performed and treatment provided can show how injuries may have progressed over time.
- Facility Records: Request home nursing records, including infection control logs, cleaning schedules, food temperature records, and staff health monitoring documents.
- Expert Medical Testimony: Infectious disease specialists and geriatric medicine experts can testify to how proper nursing home protocols prevent the transmission of gastroenteritis.
- Continuos Complaints: Documents of repeated complaints from other residents may indicate systemic neglect or poor hygiene practices
- Inspection Reports: Reports from state or federal health departments may show prior violations related to hygiene, food, safety, or infection control protocols.
- Staffing Schedules and Logs: This can reveal understaffing or lack of qualified personnel during critical periods, which may have contributed to poor infection control.
What Safety Standards Must Nursing Homes Follow To Prevent Gastroenteritis?
Nursing homes must follow strict federal and state safety standards designed to prevent gastroenteritis outbreaks through detailed infection control and sanitation protocols.
Food Safety and Kitchen Sanitation
Kitchen staff must maintain food temperatures above 140°F for hot foods and below 40°F for cold items. Facilities must implement proper food storage procedures, prevent cross-contamination between raw and cooked foods, and maintain detailed temperature logs.
Infection Prevention and Control Programs
Federal regulations require nursing homes to establish infection prevention programs led by qualified professionals. These programs must include surveillance systems to detect outbreaks early, isolation protocols for infected residents, and immediate response procedures when cases of gastroenteritis appear.
Facilities must maintain detailed logs of all infections, track outbreak patterns, and report suspected cases to health authorities within 24 hours.
Hand Hygiene and Personal Protective Equipment
Staff must wash their hands thoroughly before and after each resident contact using proper technique for at least 20 seconds. Facilities must provide adequate handwashing stations, alcohol-based sanitizers, and personal protective equipment throughout the building.
All caregivers must use gloves, gowns, and masks when caring for residents with symptoms of gastroenteritis and dispose of contaminated materials properly.
Environmental Cleaning and Disinfection
Nursing homes must clean and disinfect all surfaces regularly using EPA-approved chemicals effective against gastroenteritis-causing organisms. High-touch surfaces, such as doorknobs, handrails, and dining tables, require multiple daily cleanings.
Contaminated areas must receive immediate deep cleaning with appropriate disinfectants, and facilities must maintain written cleaning schedules and completion logs.
Isolation and Containment Procedures
Facilities must immediately isolate residents exhibiting symptoms of gastroenteritis in private rooms or designated areas. Staff must use contact precautions when caring for infected residents and limit their movement throughout the facility. Common areas and dining rooms require temporary closure during active outbreaks until proper decontamination occurs.
Staff Health Monitoring
Nursing homes must prohibit employees with symptoms of gastroenteritis from working until they have been symptom-free for at least 48 hours. Facilities must maintain health screening programs and require staff to report illness immediately.
Water System Safety
Facilities must maintain clean water systems, regularly test water quality, and ensure proper maintenance of ice machines and drinking fountains. Contaminated water sources require immediate shutdown and professional remediation.
Laundry and Waste Management
Contaminated linens and clothing must be washed immediately in hot water with appropriate disinfectants. Facilities must segregate contaminated laundry and handle it with proper protective equipment. Medical waste and contaminated materials require proper disposal through licensed waste management companies following strict containment protocols.
What Should I Do if My Loved One Gets Gastroenteritis in a Nursing Home?
Act quickly to protect your loved one’s health. Request medical records show when symptoms began, what treatment was given, and whether other residents have similar illnesses.
Contact your loved one’s doctor immediately if the facility has not done so, and consider obtaining a second medical opinion to confirm proper care. Ask whether the facility reported the illness to health authorities, as required by law.
Report the incident to New Mexico’s health department and request an immediate inspection of the facility’s sanitation and infection control practices. If the nursing home receives government funding, file complaints with Medicare and Medicaid. These reports create official records that can support future legal claims and help protect other residents from similar harm.
Keep thorough records of medical expenses, treatments, and changes in your loved one’s quality of life. This documentation can strengthen a potential negligence lawsuit and help recover damages.
Contact an experienced nursing home negligence attorney right away to protect your family’s legal rights and begin building your case. Lawsuit deadlines vary, and key evidence can disappear if it is not preserved promptly. An attorney can immediately investigate the facility, interview witnesses, and gather proof of negligence while you focus on your loved one’s recovery.
Do not rely solely on the facility’s explanation. Gastroenteritis outbreaks are often preventable and may signal serious safety failures that require legal action.
Call PKSD if Your Loved One Suffered From Nursing Home Negligence in Albuquerque
Nursing home gastroenteritis cases demand immediate attention and experienced legal representation. Evidence can quickly get destroyed, and facilities could minimize their liability from the moment an incident occurs.
At PKSD, we have spent decades fighting for families whose loved ones suffered preventable harm in nursing homes. If you choose our firm to represent you, we can identify negligent parties, conduct investigations, and preserve key evidence.
Call us today 505-677-7777 or fill out our online contact form.
