In October 2017, an old man in Wuhu, Anhui Province, committed suicide by taking pesticides because he was not used to the diet of the nursing home. Later family members appealed to the court for compensation of more than 600,000 yuan for various losses on the grounds of improper management and illegal operation of the home. Recently, the official website of Nanling County Court in Wuhu City made public the hearing of the case and refuted all the lawsuit requests to go home. Nanling County Court said that according to the evidence submitted by both sides, the elderly had clearly expressed their unwillingness to continue living in the nursing home before their death, but when the nursing home informed their relatives to return the elderly, they were refused by their families, and even scolded the elderly in the face of the staff of the nursing home.
Elderly people suicide by taking pesticides and their families Sue homes for the aged
According to the Nanling County Court, on March 1, 2017, Lao Luos relatives submitted a written application to the government, requesting that Lao Luo be sent to a nursing home for centralized support. After examination and approval by the civil affairs department, a nursing home signed an admission agreement with Lao Luos relatives and the village committee where Lao Luo lives, and Lao Luo was admitted to the hospital.
After staying for a period of time, Lao Luo was not used to the food in the nursing home, so he went to the relevant departments and asked for rearrangement. On the same day, the nursing home received a telephone call and sent someone to take Lao Luo back. From then on, Lao Luo began to be reluctant to eat and had the idea of being light. Thereafter, the President of the Home for the Elderly notified his relatives to come to the Home for the Elderly, and told them about his performance during admission and his unwillingness to continue living in the Home for the Elderly and his intention to be light, so that they could take him home. But Lao Luos relatives did not agree to take him back. In the meantime, Lao Luos brothers also scolded Lao Luo.
On October 13, during the daytime, Lao Luo went out on his own, but then returned to the nursing home. During the night ward rounds, the staff did not find any abnormalities. The next morning, other residents in the nursing home found that Lao Luo was suspected of drinking pesticides and died. The president of the nursing home informed his relatives to come to the scene of the death. Later, someone alerted the police at the scene. After the local police station dispatched the police, a judicial appraisal institute was commissioned to identify the cause of death of Laoluo. The appraisal opinion showed that Laoluo died of multiple organ dysfunction caused by taking pesticides. The source of the pesticides it takes is uncertain. It is understood that the public nature of the Department of Respect for the Elderly has been established for many years and has not been registered as a legal person in public institutions.
Later, on the grounds of improper management and illegal operation of the nursing home, the relatives of Lao Luo appealed the nursing home to the court and asked the court to adjudicate the nursing home to compensate for the losses caused by Lao Luos death by more than 600,000 yuan. The Home for the Elderly argued that Lao Luos death was caused by his suicide. He had no fault in his suicide and should not be liable for compensation according to law. He asked the court to reject all the lawsuits filed by Lao Luos relatives.
Family members who refused to take the elderly home beat the elderly
Recently, the Lingxian Peoples Court of Wuhan, Hunan Province, Anhui Province, made the case public and rejected all the lawsuits filed by Lao Luos relatives.
The court held that Lao Luos suicide was indeed heartbreaking and regrettable. However, when it comes to the reasons why Lao Luo chose to commit suicide, the evidence submitted by both the original and the defendant shows that it is not caused by poor management of the nursing home or abuse by the staff of the nursing home, mainly because Lao Luo is not used to the diet of the nursing home and is unwilling to continue living in the nursing home, but this idea has never been realized. According to the investigation, when the nursing home notified relatives to take them back to live, their relatives not only explicitly refused, but also scolded them in front of the staff of the nursing home, which led Lao Luo to choose the extreme way of suicide afterwards.
According to the mandatory industry standard Basic Norms for Social Welfare Institutions for the Elderly approved and issued by the Ministry of Civil Affairs, Nanling County Court said that the nursing homes for the elderly need to achieve 24-hour duty for service personnel and implement procedural case care. Adjust the nursing plan according to the situation, Talk with the elderly more than 15 minutes a day, and make a record of the conversation. We should grasp the emotional changes of every old man in time, study and solve the general problems and extreme personal problems collectively, and maintain the old mans self-confidence. In this case, the evidence submitted by the nursing home can prove that it has implemented the duty system, but it can not prove that the elderly with self-care ability implement procedural case care, nor can it prove that it can talk with the elderly for more than 15 minutes a day, and make a good record of the conversation. We should grasp the emotional changes of every old man in time, study and solve the general problems and extreme personal problems collectively, and maintain the old mans self-confidence. Therefore, there are defects in the management or service of nursing homes. But Lao Luos death is not caused by the defect, but by his own choice. There is no legal causality between the defect and death.
No charge for admission of the elderly in public welfare institutions of the Department of respecting the elderly
As for the fact that the old peoples homes proposed by family members have not been registered as legal persons of public institutions so far, which is an illegal business, the court said that the public welfare institutions which are set up by the local government to provide services for the rural five guarantees have in fact obtained the permission of the local civil affairs department, and the old peoples homes have not been admitted. Residents charge fees to provide paid services; Lao Luo has also been examined by relevant departments before he enters the nursing home for the aged, so there is no illegal operation.
Nanling County Court said that the ancients cloud: the worlds closest relatives, but brothers. The Marriage Law also provides for the mutual support of brothers and sisters. In this case, Lao Luo was sent by his brother and other relatives to a government-sponsored nursing home for centralized support before his death. After his suicide, his relatives, on the grounds of improper management or even illegal operation of the nursing home, demanded that the nursing home should bear a huge amount of compensation responsibility, which is not only against human ethics, but also against the good faith and friendliness advocated by todays society. The core values of socialism are contrary to each other, and the spirit of ruling by law is even stronger.
There is no subjective fault in the death of Lao Luo in the nursing home, nor is it caused by imperfections in the management or service of the nursing home objectively. Therefore, the court does not support the lawsuit claim of Lao Luos relatives for the compensation liability of the nursing home.
Source: Ji Xueying_NN6784, responsible editor of Beiqing Net-Beijing Youth Daily