In the Courts: Appeals Court Parses Damages to Resident’s Widow, Children

November 6, 2015 | Aging Services Risk Management


​The Court of Appeal of Louisiana, second circuit, has affirmed in part and reversed in part a decision stemming from a nursing home's failure to reinsert a Foley catheter that had come out. When the 80-year-old resident was admitted, he had suffered a stroke and had multiple other health issues, was incontinent and required an indwelling catheter, and had only one kidney. Four months later, his Foley catheter was removed, possibly by him, but the nursing staff did not replace it, reportedly following a policy not to reinsert catheters that came out. Four days later, he was unresponsive. When a catheter was inserted in the emergency department, "thick, brownish urine"—three times the amount expected—came out. He had a urinary tract infection (UTI) that had triggered severe sepsis and then septic shock. He had developed acute kidney failure, congestive heart failure, Clostridium difficile infection, and atrial fibrillation, among other conditions.

He was treated in an intensive care unit for a few days, transferred to a long-term acute care hospital for three weeks, and transferred to another skilled nursing facility (SNF). Three days later, he was increasingly lethargic. He was taken to a hospital and found to have fever, altered mental status, UTI, and worsening kidney insufficiency. He died...

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