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The Association of the Patient Ombudsman, which defends 300 patients killed by Covid in residences in Madrid, is going to file a claim of patrimonial responsibility against the Ministry of Health, against the Community of Madrid and against various nursing homes. The objective is to claim administratively for the death of patients who were not referred from the residences to the emergency services of Madrid hospitals and for the elderly who were delayed transferred to medical centers causing their death, according to Carlos Sardinero , attorney for the Patient Advocate.

This entity opens this new avenue against the public administration after seeing that most of the criminal complaints against the central and autonomous government are being filed and that the judges are very reticent to investigate this type of case in that jurisdiction. « Going against a doctor or a geriatrician is unfair. That is why we have opened a path of patrimonial responsibility against the public administration , "explains Sardinero.

"The autonomy of the patient what marks is that each person can choose whether or not they want to go to an urgent service. We believe that the patient has been discriminated, since from home they could go to a hospital but they did not have that option from the residence. For this reason, we do not want to go against the geriatrician or against a doctor, but against the Community, which gave certain instructions, and against the Ministry of Health, which did not correct this behavior despite being aware of this situation, "emphasizes Sardinero.

From the Patient Ombudsman they clarify that it is not going to be a class action lawsuit but that there are going to be individual lawsuits filed for estimating that the patients "have died anonymously". « We are going to make the same type of claim but individually to count the last days of the life of each of these people with their name and surname. This is going to take us more work but I think all the deceased deserve it, "insists Sardinero.

This same week they have already filed the first administrative claim for a death, so in the next few days the administration must respond in that procedure to who has been responsible for what happened, Sardinero clarifies. "Then the Ministry or the Community will issue a resolution and then we will have to go to the Contentious-Administrative Chamber of the National Court," said the lawyer.

"However, if it later follows that the omission was a crime, nothing prevents us from going to the criminal proceedings after the administrative procedure is completed ," adds the lawyer, who recalls that there are five years for criminal proceedings to file a lawsuit and that for the administrative route the term is only 12 months.

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