The lawyers asked on Saturday the consolidation of complaints against the management by the Facility of the crisis, so that justice can rise up to the economic
The lawyers asked on Saturday the consolidation of complaints against the management by the Facility of the crisis, so that justice can rise up to the economic decision-makers and politicians”.
The deaths from the coronavirus in the long-term care facilities multiply and raise questions among families of the victims on the management of the crisis by these institutions. On Tuesday, several preliminary investigations were initiated after complaints filed by the families of residents of three long-term care facilities in the Hauts-de-Seine.
The surveys were open for “involuntary manslaughter”, “non-assistance to person in danger” and “endangering the lives of others”. Other prosecutors have also opened similar investigations. Three lawyers are asking today of the group.
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“on behalf of The families that we represent and the name of a good organization of justice, we demand that the minister of Justice decided to bring together all the criminal complaints and with a pole of a single-instruction”, such as “Marseille, which has been proven in a folder PIP or Levothyrox”, plead Me Geraldine Adrai-Lachkar (of the bar of Marseille), Christophe Lèguevaques (the Paris bar) and François Ruhlmann (of the bar of Strasbourg), in a column published this Sunday on franceinfo.
How many complaints have been filed ?
The establishments of accommodation for dependent elderly people have been particularly hit by the epidemic : on may 14, the symbolic threshold of 10,000 deaths has been crossed. With the increase in the number of victims, the complaints pile up.
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Three floors separate (Oily, Nanterre, Paris) have opened, since the end of march investigations, in particular, for “endangering the lives of others”, concerning the management of nursing home where residents died as a result of the epidemic. They would be in the tens today, and can be in the thousands tomorrow according to one of the lawyers.
“With this consolidation, we will be able to have a complete study and thorough examination of the situation. For the moment, this concerns dozens of complaints, everywhere in France . But in the next few months, this could represent several hundred or even several thousands of complaints,” says Christopher, as well Lèguevaques, interviewed by RTL.
Why consolidate ?
For these lawyers, the opening of investigations by three floors separate could be “a trap “procedural”. They fear that, with the complaints divided, the “deliberate policies decided at the headquarters of the companies listed [in exchange] which exploit the long-term care facilities, the State’s failure and negligence of regional health Authorities”, escape justice. A possible grouping “will go back to the economic decision-makers and politicians”, they hope.
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This merger “would be consistent, I’ve asked several times,” insists Me Fabien Arakelian, who has filed 15 complaints to the floor of Fat and Nanterre which led to the opening of preliminary investigations.
“We have the impression that if the complaints are spread a bit everywhere in France, it will be difficult to understand what happened because we’re going to multiply special cases. Putting them in parallel will enable us to take up the responsibility. The greatest enemy is time. One has the impression that the justice takes an evil pleasure to make it last to deplete the victims,” further explains Christophe Lèguevaques.
The collective complaints in the area of health, however, would be often disappointing for the victims, according to the website Legal-Scope, particularly in terms of compensation, because the collective complaints does not allow to analyze situations on a case-by-case basis. The goal here is, thus, to carry out a punitive action against those responsible, rather than trying to find a compensation to the relatives of the victims.
What are the precedents in France ?
Since a 2002 law, two courts have jurisdiction inter-regional specialized health : these poles of public health are located in Paris, with a jurisdiction over a large part of the national territory, and to Marseille, with a jurisdiction over a large south-east quarter.
As pointed out in the forum of the three lawyers, other business in connection with the health grouping of the complaints many victims have already been treated by the prosecutor’s office of Marseille. For example, the group action for victims of prostheses PIP, between 5 250 women to Jean-Claude Mas, founder of PIP (the name of the company Poly Implants Poly Implant Prostheses). Sentenced for the first time in Marseille in 2013, Jean-Claude Mas – since deceased – had been hit again on appeal in 2016 to four years in prison and a 75 000 € fine for fraud and deceit aggravated.
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long-term care facilities and retirement homes for dependent elderly people
Hauts-de-Seine : three long-term care facilities under investigation after deaths due to the coronavirus Has Nangis, the miracle of a new Facility was spared by the Covid With the coronavirus, older people (re)discover that they are mortal.
The prosecutor of Marseille is in charge alsoalso in the folder of the Levothyrox for which it has widened, in February 2019, the judicial investigation for “manslaughter” in “manslaughter”, in the pane in the criminal case. 4 113 patients who have suffered side effects have filed a complaint and claimed compensation to the tune of € 10 000 each, or more than 41 million total for “default information” on the format change of his medication. They have, however, been rejected in the first instance in march 2019, 3 329 have decided to appeal.
Date Of Update: 24 May 2020, 13:58
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Source: newstars.edu.vn