Acquittal and Diversion After Nursing Home Accident

After an accident in a Carinthian nursing home, in which a 90-year-old resident was seriously injured, an involved home helper received a diversion at the Klagenfurt Regional Court on Friday. She had wanted to transfer the resident from the bed to a wheelchair, even though she did not have the necessary training for it - during which the elderly woman fell to the ground. The head of nursing services was acquitted, as no fault could be proven against her.

Both women were charged with negligent bodily harm. The head of nursing services was accused of being aware that home helpers had also carried out transfers without the involvement of professionals. However, she vehemently denied this: She emphasized that the helpers were regularly instructed not to carry out transfers without qualified assistance. However, this was contradicted by witness statements, which spoke of an extremely tight staffing situation. "Everyone made sure that we worked quickly. Morning care sometimes lasted until noon," said a registered nurse, for example.

Hip Fracture and Brain Hemorrhage in 90-Year-Old

The home helper eventually confessed to having carried out the transfer of the elderly woman, during which the accident occurred. The 90-year-old suffered, among other things, a hip fracture and a brain hemorrhage. She also knew that she should not have done it. The diversion offered by Judge Michaela Sanin (100 daily rates of five euros each plus 200 euros in procedural costs) was accepted by the woman. An acquittal followed for the head of nursing services: It could not be proven with the necessary certainty that the accused knew that home helpers were also taking on nursing tasks. The verdict was not yet legally binding.

(APA/Red)

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