Spanish court starts investigation into pandemic protocols for the elderly in Madrid

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MADRID – A court in Madrid has launched an investigation into the responsibility of Madrid Region President Isabel Díaz Ayuso and two of her advisers over their protocols to keep the elderly out of hospitals during the pandemic.

The investigation comes after a successful appeal from an affected family. Their case had previously been closed, but the court decided to continue the proceedings. They are now investigating whether there is evidence of negligence or failure to provide necessary assistance, possibly resulting in death or injury.

‘Embarrassing protocols’

It is the first time that a court has gone beyond the investigation of nursing home and hospital staff to analyse whether there was responsibility on the part of the politicians, said the accusing party’s lawyer, Carlos Vila. Vila appreciates it as a step forward for the families. They have demanded three years of justice because of so-called ‘shameful protocols’. These protocols have prevented the most vulnerable elderly people from going to hospitals during the corona period.

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Previous cases in Madrid

In January 2022, the Provincial Court of Madrid reopened a case regarding deaths in four nursing homes in Leganés. In July 2021, a case brought by families of residents of several centres in the Madrid region was closed.

According to the complaint, the protocols led to “improper treatment” of the elderly during the early months of the pandemic. This would have resulted in a large number of infections and deaths among residents who did not receive the necessary medical care.

This new development offers an opportunity for legal clarity. Although the judicial body appreciated the work previously carried out, it decided to continue the case in order to make a legally sound decision based on medical knowledge.

Sources: El País and El Diario

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