A civil trial for negligence by the manager of private Ephad Orpea towards one of its residents was held Thursday before the Nanterre court, which will deliver its decision on June 16.
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The son of a resident of the "
Le Clos des Meuniers
" nursing home in Bagneux (Hauts-de-Seine) is suing the group for "
negligence
" towards his mother, who died of several leg fractures .
Hospitalized on January 17, 2017 in Paris for a double fracture of both femurs, she died seven days later.
His son assures that his mother, aged 84, was incapable of "the
slightest autonomous movement
" in 2017. He first questioned the establishment on "
the conditions for the occurrence of fractures
" and on the delay in his hospitalization.
Dissatisfied with the answers given, he sued Orpea in 2019 before the Nanterre court.
Based on a medical report, the son is seeking damages of more than one million euros from Orpea for failure to fulfill its obligations of care, safety and vigilance.
He also criticizes the Orpea group for not having respected the dignity, integrity and safety of his mother, according to a judicial source.
In his eyes, the medical report demonstrates the “
contractual breaches
” which led to the death of his mother, “
by the trauma resulting from the fractures and, in any event, by malnutrition
”, details this same judicial source.
An “undetermined” cause of death
Questioned by AFP TV ahead of the hearing of oral argument Thursday, he said "
ask for explanations Orpea
": "
I left my mother on Saturday night, my father on Sunday has seen it n ' was nothing.
At 7:30 Monday morning, she had broken legs.
How ?
"He said, claiming to have found his mother repeatedly in his urine.
"
She could have fractures without verbalizing.
But I firmly rejects it dropped by manipulating a carer or
anyone else , "said his side's lawyer Orpea, Alexandre Malbasa.
"
And it is not proven or demonstrated in this survey report
," he assured.
Read aussiEnfin published the report on Orpea advanced serious problems of malnutrition
During the procedure, the group argued that an Ehpad was "
not a care establishment
", saying that the exact cause of death remained "
undetermined
".
After the publication of the book-investigation "
Les Fossoyeurs
" by Victor Castanet, which had revealed serious mistreatment within many nursing homes of the Orpea group, the government demanded investigations and then seized justice.
This report is still being analyzed at the Nanterre prosecutor.
In addition, several dozen complaints from families of residents have been filed in Nanterre against Orpea, in particular for "
endangering others
" and "
manslaughter
".
