Court Rules on Nursing Home Fire Incident in Moncada
The Court of First Instance and Instruction 3 of Moncada has ruled on the tragic fire incident that took place at a nursing home in Moncada in January 2022, leading to the death of nine elderly residents. The court concluded that there was no criminal negligence or reckless homicide by omission involved.
After a detailed investigation, the judge determined that the care protocols and maintenance obligations for the facilities were met. Reports indicated the proper functioning of the electrical and detection systems, with regular quarterly reviews being conducted. It was found that the fire, which originated from an electrical strip behind a bed, was not foreseeable as the deterioration in the cable was neither visible nor detectable with the degree of diligence required to prevent unjustifiable omissions leading to harmful consequences.
Legal Proceedings and Future Actions
During the investigation, no indications of criminal activity against any specific person were found, and the employees on duty, who included a nurse, two nursing assistants, and a cleaner, adhered to the planned self-protection plan during the evacuation of the inmates. This provisional dismissal does not preclude those who feel their rights have been harmed from seeking civil proceedings.
This case highlights the importance of stringent safety measures in care facilities and raises questions about the adequacy of current protocols and the inherent risks present in such environments.
- Simultaneously, a similar case in France has brought attention to potential negligence in nursing homes. Actress Sandrine Bonnaire filed a complaint against a nursing home in Charente-Maritime, accusing the establishment of medical negligence that allegedly led to her mother's death.
- A preliminary investigation was opened on March 18, following the complaint. The case has garnered public and judicial interest, especially after Bonnaire publicly criticized both private and public nursing home management and the government's inaction.
- The Regional Health Agency in Nouvelle-Aquitaine noted that the establishment where Bonnaire’s mother resided had been inspected in 2015 and 2022, with identified dysfunctions being only partially addressed. This case follows the controversy surrounding the private retirement home group Orpea and may potentially influence legislative measures and enforcement of regulations in care facilities.
