Urinary catheters may be used in nursing homes, but only for specific medical reasons as defined under Federal and state laws. Nursing homes and their staff have a legal obligation to utilize these devices according to the laws. Even when using them for appropriate reasons, they must monitor for associated risks that can result from negligent care or improper use.
If you notice that your loved ones are suffering from repeated medical conditions, like UTIs and suspect it may be related to catheter use or misuse, there are steps you can take. Contact PKSD to discuss your concerns and whether you have legal options to protect your loved one.
At PKSD, our Albuquerque nursing home abuse lawyers are prepared to help. We can clarify any concerns or questions you may have, including whether you may be able to pursue a case. If you want our firm represent you and your family. there are no upfront fees or costs to engage our services.
Schedule a free consultation with PKSD today: 505-677-7777.
What Is a Catheter?
A catheter is a thin, flexible medical tube that may be inserted into the bladder to allow urine to drain when an individual is unable to urinate independently.
When May Catheters Be Used in Nursing Homes?
In nursing homes, medical necessity is a key factor when determining whether a resident’s condition warrants use of a catheter. Both state and federal laws prohibit using these devices purely for convenience, such as not having to help a resident get to the toilet.
Caregivers may use catheters in nursing homes in severe, specific situations:
- Residents With Urinary Retention: For residents who cannot empty their bladder on their own, such as men with an enlarged prostate or residents with certain neurological disorders. Catheters may also be used for residents with bladder outlet obstruction.
- When Accurate Urine Output is Vital: When residents are critically ill residents, healthcare providers use a catheter to monitor fluid balance and kidney function.
- Residents With Stage 3 or 4 Pressure Ulcers: Catheters may be used in residents suffering from severe pressure ulcers to reduce the risk of urine contamination, helping prevent infection and promote wound healing.
- End-of-Life Care: Catheters can provide comfort for terminally ill residents by managing urinary elimination.
- Residents Needing Prolonged Immobilization: Certain injuries, such as severe fractures, or surgeries may require a resident to be immobile while recovering. A catheter promotes the recover of residents under these circumstances and also reduces the risk of severe pain that would be worsened by having to get up to use the bathroom.
Who Is Responsible for Placing Catheters in a Resident?
Only certain staff are permitted to place catheters. Nursing homes must adhere to regulations defining the training, licensure, and scope of practice of staff who are permitted to place catheters.
Below are some individuals who may be responsible for placing catheters in residents.
Registered Nurse
Registered nurses have primary responsibility for inserting urinary catheters in residents. RNs receive extensive education and training in proper catheterization procedures as part of their nursing education. They understand the anatomy, proper technique, and infection prevention practices necessary for safe catheter insertion.
Licensed Practical Nurses/Licensed Vocational Nurses
Depending on state regulations and facility policies, Licensed Practical Nurses (LPNs) or Licensed Vocational Nurses (LVNs) may also insert catheters. In many states, catheter insertion falls within the scope of practice for LPNs/LVNs who have received the proper training and demonstrated competency.
The defined scope of practice in New Mexico permits both LPNs and LVNs to insert, monitor, and manage catheters.
Physician Involvement
A physician determines when a catheter may be medically necessary. However, the decision cannot be made without recorded signs, symptoms and medical assessments that have been properly documented in the resident’s medical record. In some complex cases, a physician or urologist may need to perform the catheterization. This is particularly the case for male residents with complex anatomy or complications.
How Can Catheter Use Lead to Nursing Home Negligence in New Mexico?
Improper catheter management is a serious concern in nursing homes as it can lead to devastating consequences for elderly residents in New Mexico. When healthcare facilities fail to follow established protocols for catheter insertion, ongoing monitoring and maintenance, and removal, residents may suffer preventable harm. Families of residents who suffer injuries, infections, and other complications due to improper catheter use or care may be able to claim nursing home negligence under New Mexico law.
Catheter-related negligence in New Mexico nursing homes often happens due to:
- Inadequately trained staff insert a catheter
- Improperly placed catheters lead to injury or infection
- Catheters are not properly maintained or monitored
- Catheters remain inserted longer than is deemed medically necessary
These negligent actions can cause serious infections like catheter associated urinary tract infections, which are especially dangerous for elderly residents. In some cases, a UTI can lead to sepsis, a life-threatening condition that is linked to many nursing home negligence cases in New Mexico.
What Are the Warning Signs of Injury Due to Catheter Neglect?
Poor catheter care can cause physical and behavioral symptoms that may indicate neglect. Depending on how the catheter is being mismanaged, these warning signs can appear slowly or all at once. While some symptoms mimic those seen in other health issues, any signs that may potentially be linked to catheter use should be taken seriously. A medical examination and diagnostic testing should be done immediately to rule out more serious health risks and protect residents from further harm.
Here are some physical symptoms that may indicate a catheter is not being adequately maintained or monitored:
- Pain or discomfort in the lower abdomen or bladder area
- Fever or chills, which may indicate a urinary tract infection (UTI) or sepsis
- Cloudy, foul-smelling, or discolored urine
- Blood in the urine
- Swelling or redness around the catheter insertion site
- Skin breakdown or sores near the catheter area
- Urine leakage around the catheter or onto clothing/bedding
Watch for any behavioral or cognitive changes:
- Increased confusion or agitation, especially in elderly or cognitively impaired individuals
- Pulling at the catheter, which may indicate discomfort or pain
Signs of Improper Maintenance:
- Overfilled catheter bag
- Dry or crusted catheter tubing, suggesting it has not been cleaned or changed
- Unchanged catheter for several days, increasing the risk of infection
- Lack of documentation or care planning for catheter maintenance
If staff do not take care of a resident’s catheter, it could lead to severe, life-threatening complications, including septic shock, kidney damage, or death. Nursing homes must follow proper protocols for using and removing catheters. When they do not, patients suffer, and the facility may be held legally responsible.
What Evidence May Help Prove Negligence Due to Improper Catheter Use in Albuquerque?
If a nursing home misuses a catheter, resulting in harm to your loved one, you may have a legal case. However, you will need evidence to support your claim.
Evidence that helps to link the improper use of a catheter to a resident’s injury may include:
- Medical records, which include nursing notes and care logs
- Facility reports
- Witness statements
- Expert testimony from medical professionals
- Photos of skin breakdown, swelling, or visible signs of infection
- Soiled bedding or clothing
Steps to Take If You Suspect Negligence Due to Improper Catheter Use in an Albuquerque Nursing Home
If your loved one has had a catheter placed and you suspect it has not been properly monitored or managed, contact our Albuquerque nursing home for legal help. You should also take prompt and strategic actions:
- Document Signs and Symptoms: Note any unexplained fever, chills, cloudy, bloody, foul-smelling urine, complaints of pain, burning during urination, visible inflammation, or discharge around the catheter insertion site.
- Speak with Nursing Home Staff Immediately: Schedule a meeting with the nursing home’s director of nursing or administrator to discuss your concerns or questions.
- Seek Immediate Medical Evaluation: If you are not getting a prompt response, request an immediate medical evaluation by a physician not affiliated with the nursing home. You can also request a transport to a nearby hospital. The facility has a legal obligation to arrange transportation for medical emergencies, but if they are not responding promptly, you can contact your local ombudsmen for help.
- File a Formal Complaint with State Authorities: File a complaint with the New Mexico Department of Health’s Division of Health Improvement (DHI) and contact New Mexico’s Long Term Care Ombudsman Program, which advocates for nursing home residents.
- Consider Transferring Your Loved One: If you believe your loved one is at risk, consider requesting a different room, unit, or another nursing home.
- Follow Up on Investigations: Stay engaged with any investigations by following up regularly with regulatory agencies and keeping a log of all communications.
Seek Legal Help to Protect Your Loved One’s Rights After a Nursing Home Injury
Catheter negligence represents a serious threat to nursing home residents throughout Albuquerque. When facilities fail to place and manage this medical device properly, it can compromise a resident’s health.
At PKSD, we have the resources, staff and knowledge to help you fight for your loved one’s rights. Our experienced attorneys have a proven history of successfully holding nursing homes accountable for their negligent actions.
Worried about cost? Call for a confidential and free case review today. We will listen compassionately to your concerns, answer your questions, and explain your legal options. We are here to help you.
Call PKSD today 505-677-7777. We are here to fight for you.
