Denise, who died in February 2020 at the age of 79, had suffered from heart problems since 1989. The two operations she had undergone, in 2010 and 2011, had only partially improved her state of health.

She had accepted a third operation, to reduce her “atrial fibrillation”, at the Caen University Hospital in February 2012. At the end of this operation, she had suffered from hemiplegia (paralysis on one side of the body). ) left.

The children continue the fight

In December 2019, the administrative court of Caen had notably ordered the Caen establishment and the mutual insurance hospital company (SHAM) to pay € 260,000 to the victim in compensation for his damages, as well as a monthly sum of € 13,000 to from his return home. The judges had also ordered them to pay € 200,000 to the CPAM of Orne, where the septuagenarian was from.

The latter had appealed against this judgment because of the rejection of its compensation claims related to accommodation costs in residential accommodation for the elderly (Ehpad). Her three children continued the proceedings following her death.

In their judgment, the Nantes judges began by reviewing the responsibility of the Caen University Hospital. In question, the installation and the removal of the material, allowing the introduction of probes in the arteries, “were not in conformity with the good medical practices”. For the judges, the stroke suffered by the patient could not “be favored by another cause”. As a result, the CHU was obliged to repair all the damage suffered, as the first judges had recognized.

Nursing home costs payable by the CHU

The Nantes court found that the victim had paid a sum of € 122,000 for his accommodation costs in the Ehpad des Andaines, located in Rives-d’Andaine (Orne) and dependent on the intercommunal hospital center de La Ferté-Macé, for a period between October 2012 and February 2020.

The departmental council of Orne had also granted the person concerned the benefit of social assistance for accommodation in nursing homes. The applicants were thus entitled to request that the Caen hospital pay them an additional € 28,000. Hence, by adding the previous sum, this total of 150,000 €.

On the other hand, the judges of appeal are on the other emitted income charged to the CHU. Work had been planned in the home of this woman to facilitate her return home after her stay in nursing home. These adjustments, envisaged to the tune of € 60,000, no longer need to be due to his death.

Same reasoning for the acquisition of a vehicle adapted to her state of health (9,000 €) or for the payment of the monthly sum of 13,000 €, supposed to cover the needs in assistance by third person of this woman.

However, the CHU will have to pay € 2,000 to the Calvados CPAM in reimbursement of the care package exposed for the year 2020, € 1,200 for the legal costs of the Orne CPAM and € 1,500 for the same family costs.

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