Catheters help residents who truly need them, but they also give bacteria a direct route into the urinary tract. When a resident develops a catheter-associated urinary tract infection (CAUTI), families often wonder whether it was bad luck or bad care. An infection alone does not prove neglect, though certain patterns of care can point to something more.

What Standards Govern Catheter Care

42 CFR § 483.25(e)(2) requires a nursing home to assess whether a catheter is medically necessary, consider removing it, and provide services that help prevent urinary tract infections. 42 CFR § 483.80 adds a duty to run an infection prevention and control program.

The CDC offers practical benchmarks. Its CAUTI guidance urges catheter use only for appropriate medical reasons, removal when no longer needed, and no catheters solely to manage incontinence. Breaking these rules does not automatically create a federal right to damages, but Georgia law may offer a path.

Evidence That Separates Bad Luck From Neglect

Georgia’s Residents’ Bill of Rights entitles residents to adequate and appropriate care under O.C.G.A. § 31-8-108, and O.C.G.A. § 31-8-126 authorizes civil actions when those rights are violated. A claim still requires proof that a care failure caused avoidable harm. Helpful evidence may include:

  • Catheter insertion and removal records showing whether continued use was justified
  • Nursing notes and care plans, compared with the care staff actually delivered
  • Infection-control policies and staff training records
  • Urine cultures and hospital records showing the timing and severity of the illness

Because a positive culture is not always a symptomatic infection, expert review is often needed to establish causation.

Document Concerns and Watch the Deadlines

Ask staff why the catheter is still needed and when someone last evaluated it. Write down dates, save emails and messages, and have the resident or an authorized representative request the complete medical records promptly.

Suspected poor care can also be reported to the Georgia Department of Community Health. Medical malpractice claims generally face a two-year limitation period and five-year repose period, with exceptions.

The Williams Litigation Group can review your loved one’s catheter records and care plan, identify possible care failures, and explain whether a neglect claim may be viable. To discuss next steps, contact us or call 866-214-7036.