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The director of a residence in Madrid, charged with homicide for a death by covid

2020-12-14T18:52:56.866Z


The Provincial Court revokes the decision of a Leganés court and orders an investigation into the death of nine elderly people in nursing homes in the Madrid municipality


Façade of the Gran Residencia geriatric center, on General Ricardos street in Madrid. MADRID COMMUNITY

New advances in the courts for the relatives of the elderly who died in Madrid residences due to the covid.

A court has charged the director of an asylum in the capital with a crime of homicide for the death of an old woman with coronavirus who was not referred to a hospital, as confirmed to this newspaper by Carlos Vila, the lawyer representing the plaintiffs , the so-called Marea de Residencias.

It is, according to Vila, the first time in the Community of Madrid - as far as they are aware - that a magistrate cites a person in charge of a residence as accused.

In addition, the Provincial Court has ordered to investigate the death of nine elderly people in nursing homes in the Madrid municipality of Leganés.

Other processes are also continuing in Alcorcón and Móstoles.

In the first order, advanced by the SER network and to which this newspaper has had access, the head of the Court of Instruction number 50 of Madrid considers that the events denounced by the relatives of the deceased and Marea de Residencias “are considered to be an alleged crime of homicide ”.

Thus, he cites the director of the Gran Residencia center as investigated for ten in the morning on February 26, the day on which he will also hear, but as a witness, a doctor from the residence.

This car is actionable.

As stated in the account of the events contained in the complaint, the old woman entered the Gran Residencia center, located in Carabanchel, publicly owned and managed by the Madrid Social Assistance Agency on March 5.

He had no "respiratory symptoms or fever."

“Since March 8 in the afternoon, when relatives were prevented from entering, they were calling every day,” affirms the resident's family, adding that either they did not pick up the phone or they were told that if there were news they would be notified.

On the 14th, the daughter of the old woman received a call in which she was informed that her mother had suffered an episode with hypoglycemia and fever and that they believed it was a urine infection, for which they administered antibiotics and gave her serum.

On the 17th they told him that, as his mother "did not go back", they were going to do some blood and urine tests.

On the 21st, they told him that the woman had gotten worse, that she was sick, that she was not eating and that she was lethargic.

That day, he was able to see her for a few hours, as stated in the complaint.

On the 25th, they inform her that the prognosis is bad, but that they cannot transfer her to any hospital because, as she was, they were not going to admit her.

The daughter came to the residence wearing a gown, mask and gloves to try to see her, but a doctor denied her entry.

On March 27, the old woman died without having left the residence.

The process is the result of a joint complaint filed by about twenty relatives of deceased in residences in the Community of Madrid before the Court 39 of Instruction, which was later referred to the Supreme Court because, in addition to those directly responsible for the nursing homes, it affected to qualified politicians ―the president of Madrid, Isabel Díaz Ayuso, the Minister of Health, Enrique Escudero and that of Justice, Interior and Victims, Enrique López―, whom they accuse of the crimes of reckless homicide, injuries, omission of the duty of relief, prevarication and degrading treatment.

The high court returned it, claiming that the lower courts should carry out the investigation.

Court 39 has distributed said instruction among other courts, since the investigation is complex as the complaint refers to multiple residences.

The summons as investigated of the director of the residence mentioned above is a consequence of this distribution.

Carlos Vila has celebrated the accusation and has stressed that "the action of the Community of Madrid was disastrous and did not take action until there were more than a thousand deaths."

Also a consequence of this complaint is another car, recently known by this group, in which the Provincial Court revokes the decision of a Leganés court to file the complaint of relatives of nine deceased by coronavirus and two infected in several residences in that town, reports Efe.

Section 27 of the Hearing partially upholds the appeal filed by relatives of those 11 elders for proceedings to be carried out, and revokes the order issued on August 18 by the Court of First Instance and Instruction number 5 of Leganés.

The Hearing makes this decision despite the fact that the Prosecutor's Office requested that the file be confirmed, Vila highlights.

The magistrates consider that "the facts may be constitutive, initially and without prejudice to a subsequent legal classification, reckless homicide, omission of the duty to help, the crime of degrading treatment and the crime of prevarication."

They remember that they are not competent to decide on the responsibility of the regional president and the councilors, but they are competent to determine if there was a crime on the part of the centers.

They determine that each one of the reported cases should be individualized, requesting the respective residences to provide the action protocols sent by the Community of Madrid with which they acted and, in particular, the criteria for referral to hospital centers.

The court also requests that the residences be required to provide the history of the residents to whom the complaint refers and the decisions that were adopted regarding each one of them in particular, as well as to report in writing what the means of protection were individual and personal available.

The court requires several hospitals to report the medical records and deaths of three of those affected.

This newspaper and other media revealed that the Community of Madrid issued protocols to limit referral to hospitals for people living in nursing homes.

Also that the residences were not “medicalized” and that instead the regional government commissioned the medical support to the daughter of an Ayuso adviser, Encarnación Burgueño, who for 12 days (between March 26 and April 6) directed what she called the "bug operation."

The general director of socio-health coordination, Carlos Mur de Viu, acknowledged to this newspaper that until April 6, the elderly in nursing homes did not have relevant medical support.

The past day 4, Burgueño declared in the commission that investigates the facts in the Assembly of Madrid.

"The truth is that it was chaotic," he confessed.

"They told me that my proposal was studied, endorsed and verified," he said the next day in an interview with EL PAÍS, which published the audios of those days.

Information about the coronavirus

- Here you can follow the last hour on the evolution of the pandemic

- Restrictions search engine: What can I do in my municipality?

- This is how the coronavirus curve evolves in the world

- Download the tracking application for Spain

- Guide to action against the disease

Source: elparis

All news articles on 2020-12-14

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