The Supreme Court has rejected an appeal by the Leganés City Council against the inactivity of the Ministry of Health in adopting measures in nursing homes during the start of the Covid-19 pandemic.
This is stated in a ruling, to which Europa Press had access, in which the Chamber rejects the challenge presented against the resolution of the Superior Court of Justice of Madrid (TSJM) that ruled in the first instance on the claim of the Consistory in relation to protocols for referring users from residences to hospitals.
On April 24, 2020, the Leganés City Council filed an appeal against the Community of Madrid for not developing and executing the provisions of Order SND/265/2020, of March 19, on measures related to residences for the elderly and partner centers. -sanitary, given the health crisis situation caused by Covid-19, regarding the nursing homes located in the municipality of Leganés.
Leganés states that it informed the Community of Madrid of the extreme situation of two residences, especially due to the lack of health personnel and the impossibility of differentiated care for residents with Covid-19 due to lack of testing and protection from the disease. to non-infected people.
He understood that the Community of Madrid was the authority responsible for health management and that it was not adequately addressing the needs of the residences.
In the argument, the magistrates point out that from the criteria document to which the Consistory refers in its appeal “it does not follow that the autonomous community should undertake a benefit activity specifically in providing the means to senior centers to convert them into care centers. medical, since it is limited to establishing indicative criteria to decide on hospital referral.”
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