Undiagnosed and Untreated Infections Leading to Death in Nursing Homes in Orange County

Nursing home residents in Orange County should never suffer harm as a result of undiagnosed or untreated infections, but these occurrences happen more often than you might expect. In the most egregious cases, which are not uncommon, unfortunately, undiagnosed and untreated infections can lead to death. Our Orange County nursing home negligence lawyers know how devastating it can be to learn that your elderly loved one’s death was preventable, and we can help you to hold the facility accountable. No infection should go undiagnosed or untreated in any California nursing home or assisted-living facility, and when it does and causes harm, you should hold the facility liable for the injury or death.

When a nursing home resident’s death occurs as a result of an undiagnosed or untreated infection, the nursing home is often legally responsible. Why does liability fall on the nursing home?

In short, a nursing home owes every resident a duty of care, and when a resident’s infection goes undiagnosed or untreated because staff do not adequately attend to the resident’s needs, the nursing home is liable for negligence. Even if no one intends to cause harm, issues like understaffing can lead to circumstances where residents are not routinely checked on or do not receive the medical care and treatment they need in a timely manner. A lack of infection protocols can also be a contributing factor.

Part of a nursing home’s duty of care is watching closely for changes in a resident’s health. Residents are often frail, take many medications, and cannot always say how they feel. Many have dementia. They depend on staff to notice when something is wrong, and to act on it.

In older adults, infections do not always look the way families expect. A resident with a serious urinary tract infection, pneumonia, or infected pressure sore may never run a fever. The first signs may be quiet changes, such as:

• New confusion, unusual sleepiness, or agitation
• Eating or drinking less
• A drop in blood pressure or a faster heart rate or breathing rate
• Less urine, or urine that looks or smells different
• Redness, swelling, drainage, or odor from a wound or skin sore
• Cough, trouble breathing, or a change in skin color

Meeting the duty to monitor generally means that nursing home staff must:

• Check residents regularly, including vital signs, skin, hydration, and eating, as the care plan and the resident’s condition require.
• Recognize a change in condition, even a subtle one, and not write it off as “just part of aging” or dementia.
• Report it promptly to the nurse in charge, the physician, and the family.
• Follow through with ordered tests, antibiotics, and closer observation, and send the resident to the hospital when needed.
• Document everything, including what was observed, who was told, and what was done.

When any step is skipped, a treatable infection can spread into the bloodstream and cause sepsis, which can be fatal within hours or days. Federal nursing home rules require facilities to provide care that protects each resident’s health, to maintain an infection prevention and control program, and to notify the physician and family of significant changes. California law adds its own staffing and care requirements and, in serious cases, the Elder Abuse and Dependent Adult Civil Protection Act.

Our Orange County attorneys look closely at the records that show whether monitoring happened: vital sign logs, nursing notes, treatment and medication records, physician and family notification entries, care plans, and staffing schedules. Gaps in those records, such as missed checks, no notes for days, or a long delay between symptoms and treatment, often show where the duty was breached.

What are some of the types of infections that often arise among elderly nursing home residents, and which can go undiagnosed and/or untreated when there is neglect or negligence at the facility? According to data from the National Institutes of Health (NIH), the following are some common infections that can have serious and fatal consequences if they are not diagnosed and treated in a timely and prompt manner:

• Bacterial and viral pneumonia;
• Aspiration pneumonia;
• RSV;
• COVID-19;
• Urinary tract infections (UTIs);
• Cellulitis and soft-tissue infections from bed sores or pressure ulcers;
• Bacteremia and septicemia; and
• Sepsis

In Orange County and throughout the state of California, older adults die as a result of undiagnosed and untreated infections that could have been prevented with appropriate care. Nursing homes and assisted-living facilities have duties to residents, including attending to their specific health needs and ensuring infections are diagnosed and treated, not left untreated or undiagnosed due to negligence.

When an elderly resident’s infection becomes fatal due to lack of diagnosis or treatment, surviving family members may be able to take legal action against the facility with assistance from an Orange County nursing home abuse and neglect lawyer. Contact Nursing Home Law Group to find out more about how we can assist you with your case.