France: Orpea sued for negligence after the death of a resident following fractures
The headquarters of the Orpea group is pictured outside Paris, February 2, 2022. AP - Michel Euler
Text by: RFI Follow
2 mins
A civil trial for negligence by the manager of private Ephad Orpea towards one of its residents was held Thursday before the Nanterre court, which will deliver its decision on June 16.
Advertisement
Read more
The son of a resident of the "Le Clos des Meuniers" nursing home in Bagneux (Hauts-de-Seine) is suing the Orpea group for "negligence" towards his mother, who died of several fractures to the legs.
Hospitalized on January 17, 2017 in Paris for a double fracture of both femurs, she died seven days later.
Her son says his 84-year-old mother was incapable of "
autonomous movement
" in 2017.
► To read also: Abuse in Ehpad: Orpea in the crosshairs of the French State
He first questioned the establishment on "
the conditions for the occurrence of fractures
" and on the delay in his hospitalization.
Dissatisfied with the answers given, he sued Orpea in 2019 before the Nanterre court.
Based on a medical report, the son is seeking damages of more than one million euros from Orpea for failure to fulfill its obligations of care, safety and vigilance.
He also criticizes the Orpea group for not having respected the dignity, integrity and safety of his mother, according to a judicial source.
In his eyes, the medical report demonstrates the “
contractual breaches
” which led to the death of his mother, “
by the trauma resulting from the fractures and, in any event, by malnutrition
”, details this same judicial source.
Dozens of complaints filed
Asked before the hearing of the pleadings on Thursday, he explained “
to ask Orpea for explanations
”: “
I left my mother on Saturday evening, my father saw her on Sunday, she had nothing.
At 7:30 a.m. Monday morning, her legs were broken.
How ?
“, he questioned, claiming to have repeatedly found his mother in his urine.
“
She could have fractures without verbalizing them.
But I strongly deny that she fell through manipulation by a caregiver or
anyone, ”said Orpea's lawyer, Me Alexandre Malbasa.
“
And it is not proven or demonstrated in this expert report
,” he assured.
During the procedure, the group argued that an Ehpad was "
not a care establishment
", saying that the exact cause of death remained "
undetermined
".
After the publication
of the book-investigation
Les Fossoyeurs
by Victor Castanet,
which had revealed serious abuse in many nursing homes of the Orpea group, the government demanded investigations and then took legal action.
This report is still being analyzed at the Nanterre prosecutor's office.
In addition, several dozen complaints from families of residents have been filed in Nanterre against Orpea, in particular for "endangering others" and "manslaughter".
(
With
AFP)
Newsletter
Receive all the international news directly in your mailbox
I subscribe
Follow all the international news by downloading the RFI application
google-play-badge_EN
France
Justice