Three patients allegedly mistreated

Three patients at the Bagnols-sur-Cèze hospital may have been victims of violence from three caregivers present during the night of November 20 to 21, 2024, according to a student on observation who reported the incidents. The student described witnessing elderly patients being tied up, insulted, and forced into immobilizations on beds.

Alleged mistreatment details

The investigation reportedly included claims of doors being closed without patients being able to leave their rooms, patients unable to light the room due to being tied up, and an injection administered to calm a patient without a doctor's prescription. The accused denied these allegations, with only one caregiver partially admitting the accusations. Administrative sanctions have already been imposed.

Legal arguments for mistreatment

A civil party lawyer argued that the actions constituted violence and mistreatment, stating that injecting and tying up an elderly woman without medical justification was nearly illegal. The representative of the Nîmes prosecutor requested 12 months with a suspended sentence and a definitive ban from practicing a health-related profession for the three caregivers. The accused had no prior criminal records.

Defense claims and justifications

The defense argued that the situation was more complex than presented, with one lawyer claiming that the restraint was authorized by a doctor. Another defense lawyer, Maître Olivier Constant, stated that the nurse, who has since become a private practitioner, made the decision to ease the patient's pain due to the risk of falls and unmanageable behavior. Regarding the injection, the defense claimed it was to calm the patient and did not constitute violence. They also argued that the inappropriate statements made by the accused did not fall within a penal framework.

Court ruling and outcomes

The court has condemned the trio of accused, with two caregivers receiving 6 and 8 months in prison with suspended sentences, and the nurse facing a 12-month sanction. However, they all escaped the restrictions on practicing requested by the Nîmes prosecutor.