Do Nursing Homes Have to Keep Sick Patients Away From Each Other? 

 Posted on December 30, 2025 in Neglect

Nursing homes are responsible for protecting residents from preventable injuries and harm. This includes protecting them from infections spread by other residents. Many families do not realize that nursing homes have legal obligations to control the spread of illness within their walls. When facilities fail to isolate contagious residents or follow basic infection control practices, the consequences can be deadly.

Nursing home residents are among the most vulnerable people in our communities. Their immune systems are often weakened by age, chronic illness, or medications. An infection that a healthy adult might fight off easily can kill an elderly nursing home resident. This is why infection control matters so much, and why facilities that ignore these responsibilities should be held accountable.

In 2026, you have legal options if you lose a loved one in a nursing home due to staff or facility negligence. This is also true if your loved one is seriously injured. Our Chicago nursing home injury lawyers will listen seriously to your case and help you review your options. 

Are Nursing Homes Legally Required to Have Infection Control Programs?

Both federal and state laws require nursing homes to maintain infection control programs designed to prevent the spread of disease among residents. These are not optional suggestions. They are legal requirements that facilities must follow to operate.

Under federal law, any nursing home that accepts Medicare or Medicaid funding must comply with requirements set by the Centers for Medicare and Medicaid Services. These regulations, found in 42 CFR 483.80, require nursing homes to establish and maintain an infection prevention and control program. This program must include a system for preventing, identifying, reporting, investigating, and controlling infections among residents and staff.

Illinois state law adds additional requirements. The Illinois Nursing Home Care Act requires facilities to meet the needs of each resident. This includes protecting residents from infectious diseases. The Illinois Department of Public Health also enforces specific regulations requiring nursing homes to follow infection control practices.

These laws exist because infections spread rapidly in nursing home settings. According to the Centers for Disease Control and Prevention, on any given day, about one in every 40 nursing home residents has a health-care associated infection. Many of these infections are preventable.

What Does Infection Control Look Like in a Nursing Home?

Infection control involves many different practices working together to stop illness from spreading. When nursing homes follow these protocols correctly, they protect their residents. When they cut corners, outbreaks happen.

Isolation of Contagious Residents

One of the most basic infection control measures is separating residents who have contagious illnesses from those who do not. This might mean:

• Moving a sick resident to a private room

• Restricting their contact with other residents

• Requiring staff to wear protective equipment when entering their room

The specific isolation measures depend on how the illness spreads. Respiratory infections like influenza or COVID-19 require different precautions than gastrointestinal illnesses or antibiotic-resistant bacteria. Nursing homes should have protocols for each type of infection and staff trained to implement them quickly.

Hand Hygiene and Personal Protective Equipment

Staff members move from room to room throughout their shifts, creating opportunities to carry germs from one resident to another. Proper hand washing between instances of resident contact is one of the most effective ways to prevent the spread of infection. Staff should also use gloves, gowns, and masks when appropriate.

Environmental Cleaning

Infections can spread through contaminated surfaces. Nursing homes must use cleaning standards that disinfect high-touch surfaces like door handles, bed rails, and bathroom fixtures. During outbreaks, increased cleaning becomes even more important.

Surveillance and Reporting

Good infection control requires paying attention. Nursing homes should monitor residents for signs of infection, track patterns that might indicate an outbreak, and report certain infections to public health authorities. Early detection allows facilities to respond before an illness spreads widely.

Proper infection control practices include:

• Screening new admissions for contagious conditions

• Training all staff on infection prevention

• Maintaining adequate supplies of protective equipment

• Developing protocols for different types of infections

• Communicating with families about illness outbreaks

• Coordinating with hospitals when residents transfer between facilities

Can You Sue a Nursing Home for Failing to Prevent Infection Spread?

When a nursing home's failure to follow infection control practices harms a resident, the facility can be held legally responsible. Illinois law provides several paths for families to pursue accountability.

Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act creates specific rights for nursing home residents and their families. Any person who violates a resident's rights under the Act is liable for injuries caused by that violation. Failing to protect residents from preventable infections can constitute a violation of the Act's requirement to provide adequate care.

Legal Negligence

Families may also bring claims based on general negligence principles. Nursing homes owe a duty of care to their residents. When they breach that duty by failing to implement reasonable infection control measures, and that breach causes harm, the facility is liable for the resulting damages.

Wrongful Death 

If a resident dies due to an infection that spreads because of the facility's negligence, surviving family members may bring a wrongful death claim.

Call a Chicago, IL Nursing Home Injury Attorney Today

Your loved one deserves to live in a facility that takes their health and safety seriously. When nursing homes don’t use basic infection control practices, residents pay the price with their health and sometimes their lives.

Our Cook County nursing home injury lawyers at Schwartz Injury Law understand how these failures happen and how to hold negligent facilities responsible. We have seen families devastated by preventable infections, and we know how to investigate what went wrong. 

We offer free consultations so you can learn about your legal options without any cost or obligation. Call Schwartz Injury Law at 312-535-4625 to speak with someone who will take your concerns seriously.