The Justice has imposed sentences of up to two years in prison on two workers in a nursing home in Madrid for ending the life of an inmate. They both threw his head back and covered his nose to force him to eat and take his medicines, which ended up suffocating him after a few minutes.
COVID-19 cases in residences have been reduced by 95% since the vaccination takes effect
The events, according to the ruling of the Provincial Court of Madrid to which elDiario.es has had access, took place at the La Suiza Santa Rita residence in the Madrid town of Robledo de Chavela in March 2015. The man, fifty years old and who had been in the hospital for just over twelve months, suffered from various pathologies and refused to eat the flan in which a worker at the residence hall had put her medicines.
It was then that the geriatric assistant decided to force him to eat. For seven minutes he spooned custard into her mouth and fed her glasses of water while she tipped her head back and covered her nose to prevent her from spitting out dinner again. At one point the supervisor of the center joined in the maneuver, also giving him a glass of water and holding his head.
Just over ten minutes later, the man had died. The forcibly introduced food had invaded his airways and even the Heimlich maneuver practiced by someone else failed to save his life. He died asphyxiated in what forensics defined as a “violent death” and everything was recorded by the security cameras of the center.
Some key recordings to cement the sentences that have just been declared final by the Provincial Court of Madrid for crimes of murder due to serious negligence. Two years in jail for the geriatric assistant who began to force him to eat and a year and a half for the supervisor who also intervened. The insurer will have to take charge of the compensation of the three brothers as direct civil liable, and the residence also as subsidiary civil liable: 40,000 euros for each one.
“Incorrect and very dangerous” maneuver
Sources in the case explain to this newspaper that the geriatric assistant did not even appeal her conviction before the Court and that the other convicted person has not appealed this second sentence, so the case is in the execution phase waiting to know if they have than going to prison to serve a sentence. His defenses have requested that the execution of the prison sentence be suspended as he has no criminal record.
The judges do not skimp on adjectives to describe the immobilizing technique with which they tried to force the victim to dinner. It was “incorrect and very dangerous, because by keeping the head back they made swallowing difficult and even prevented, causing the food to go through the respiratory tract”, according to the judges. A “violent death”, said the forensics, which was not caused by a possible seizure of epilepsy of which he regularly suffered.
The magistrates, with the magistrate Rosa María Quintana as speaker, reject the appeal of the one considered to be a supervisor, who questioned having that status within the residence where she had worked for half a year. She, according to the Audience, “observed all the performance of her partner. Not only did she not do anything to stop Bárbara, but also actively collaborated” in the maneuver and her behavior “cannot in any way be subsumed in a slight, but serious, negligence. and determining “in death. The two are disqualified from working in residences for several years.
The ruling also rejects the appeal of the insurer and the residence, declared civilly liable to take over the compensation. They tried to reduce the money that they have to pay to the relatives and the Court answers by claiming “the especially painful nature of a death by drowning (…) that occurred in a place that was thought safe for a sick person.”
From the residence they explain to elDiario.es that they had no proof of the sentence but remember that the two workers were immediately fired and explain that, since then, they have “updated the protocols” to face drowning situations and have obtained technology to deal with possible suffocation.