The judges have overturned again the attempt of the Community of Madrid not to medicalize the four nursing homes in Alcorcón. An order issued yesterday by the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid (TSJM) reiterates the obligation in the two previous briefs and adds a new obligation. It gives a period of three calendar days for the Ministry of Health to report everything it has done in recent weeks.
The judges of the Eighth Section of the Contentious-Administrative Chamber issued an order on April 21 in which they accepted the precautionary measure requested by the Alcorcón City Council, with its mayor Natalia de Andrés (PSOE) at the head. The appeal requested that the four nursing homes in the town be medicalized immediately, given the number of elderly people who were dying. The Lawyer of the Community of Madrid appealed the decision of the magistrates, but their allegations were not accepted. A new car dated April 30 reiterated to the Ministry of Health the obligation to medicalize the four nursing homes.
In that last writing, the judges made a strong defense that the elderly were the most vulnerable due to covid-19 and that the Community of Madrid had to put all the means to preserve their health. Despite this, the regional lawyer appealed. For this, he used the argument that it was not clear what the exact request of the Alcorcón City Council was when requesting “the medicalization” of the residences. In the lawyer’s opinion, they should have specified what measures they were referring to.
The judges of the Eighth Section respond in the order dated yesterday that it is about providing the centers “with the necessary health personnel (doctors and nurses) and with the necessary materials to carry out the treatments and diagnostic tests.” In addition, it is about complying with the provisions of the Ministry of Health in an order published on March 19. “This was exactly what was asked of this chamber, in correspondence with the ‘medicalization’ required in the administrative way (…) and this was exactly what was granted,” recall the judges in their brief.
The example of hotels
The car recalls that there is also the option of medicalizing only a part of the residences and not the entire center. They add that the concept should not be strange to the Community of Madrid since it made this intervention in “one or more hotels”. “An example with which it is easy to understand and assume that the person who has cared for coronavirus patients there, with the necessary sanitary means with which they will undoubtedly be equipped, will be the sanitary personnel (doctors and nurses) provided by the Administration health care “, ironically the TSJM magistrates,” and not the hospitality staff of the establishment itself, who is responsible for other functions, certainly relevant, but radically different “.
The judicial document rejects that there has been defenselessness on the part of the Community of Madrid, since its lawyer has twice appealed the decision of the Chamber.
The regional lawyer also put forward as a point to stop the request “an abuse” of the Alcorcón City Council by asking the judges to act immediately in the four residences in his municipality. The judges are also tough on this aspect and maintain that the precautionary measure obliges the Community of Madrid to do what they dictate. You will see in the subsequent legal procedure and in the judgment whether or not the regional Executive acted with “passivity or delay in fulfilling its obligations.”
The order is forceful and recalls the serious circumstances suffered by the four residences in Alcorcón, in which 116 people died between March 29 and April 15. In addition, 50% of the 579 residents were infected. The hospital admissions of the residents practically doubled since this Room issued the first car on April 21. In the previous weeks (from March 3 to April 21) 32 seniors were transferred to the Alcorcón hospital. “Meanwhile, in the short space of three days from the date of notification of our car of April 21 to the next on April 24, the number of admissions practically doubled, as 28 other residents were transferred to the hospital,” adds the judicial writing. Therefore, the number of patients not only decreased but also increased, leading the magistrates to confirm the most precautionary measure.
The order goes further and recalls that, if the Community does not apply it, it may give rise to “legal warnings” – sanctions, including – and obligates “the corresponding official or authority” to issue a report within three days. of everything acted by the Ministry of Health. You will have to repeat it every week, while the precautionary measure lasts. An appeal may be lodged against this order before the Supreme Court.
Can a residence have one less death by coronavirus from one week to the next? Although the logic indicates the opposite, that fact has occurred in a senior center in Alcorcón, according to the parties forwarded to the Community of Madrid’s Security and Emergency Agency.
If the Campodón residence had 13 deaths from covid-19 until May 8, just one week later, on May 16, the number dropped to 12. Of course, for other reasons, 40 inmates died. In the rest of the nursing homes, 96 older people died of the coronavirus and “from other causes” 64.
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