Due to the prevailing COVID-19 epidemic, neglections and violations occur in many senior and nursing homes (hereinafter DPS), which may result in the exposure of the charges to danger, and even their infection or finally abandonment without help and care. In such situations, homeowners and their families may require DPS to assume civil and sometimes even criminal liability.
People in the center where the infection occurred may contact the Patient Ombudsman, who launched a special telephone line for this purpose (800 190 590). Soldiers of Territorial Defense Forces also help the charges of DPS in which outbreaks have been identified.
Compensation
If, as a result of negligence of the DPS staff, the mentee has suffered damage (falls ill), a civil suit can be filed against the DPS, demanding reimbursement of costs incurred (including treatment) and compensation – compensation for mental suffering (e.g. fear, uncertainty and a sense of powerlessness caused by illness or leaving the resident without help).
If the home ward dies – his family may demand reimbursement of medical expenses incurred by DPS and compensation for suffering related to the death of a loved one.
Even if the mentee does not get sick or the disease is mild, it is possible to sue DPS. This applies to situations in which the Nursing Home unlawfully violates the personal rights of the mentee – min. his freedom, dignity or honor.
In principle, the DPS’s liability will depend on whether or not the house employee was actually at fault in the given situation. The guilt may also consist in violating the rules of behavior (not using appropriate hygiene and preventive measures). Depending on the case, the grounds for liability and the outcome of the case may vary.
Criminal responsibility
In some cases, the behavior of DPS employees may be so grossly inappropriate that it will constitute a criminal offense. A criminal act is exposing a person to the direct danger of losing life or serious damage to health (even unintentionally) as well as exposing another person to a real life-threatening disease (in this case the person must know that he is sick and act with premeditation – want to expose charges in danger) and abandoning the sick despite the obligation to look after them.
In each of these cases, you should report the crime to the police or prosecutor’s office. In the course of criminal proceedings, damages and redress can be claimed, provided that the accused is found guilty.