Health worker

On 28 September 2023, the Superior Court of Justice of Madrid has ruled that the Community of Madrid must pay a €10,000 indemnity for the death of a 79-year-old COVID-19 patient who was treated in the Emergency Department of Ramón y Cajal Hospital in 2020.

This decision came in response to a lawsuit against the Community of Madrid for the inadequate provision of tests and treatment when the patient sought care at the Mar Báltico Health Center and Ramón y Cajal Hospital. The patient’s family had initially demanded up to €250,000 in compensation, but the Court reduced it to €10,000, taking into consideration factors like the patient’s age, pre-existing health condition, the severity of COVID-19 during that time, and the limited knowledge about the disease.

The palintiff claimed that the patient, despite showing COVID-19 symptoms and being in a healthcare facility with the necessary resources for testing, was sent home without a proper diagnosis and without receiving a PCR test, which could have led to an earlier diagnosis. The Court acknowledges that it is unknown how the disease would have progressed but admits a “loss of opportunity to receive timely therapy appropriate to the patient’s condition.”

Reference: STSJ M 10557/2023 - ECLI:ES:TSJM:2023:10557. 

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Full text of the decision available at es