During the inspection visit at the end of august this year, shortly after midnight, the officials of the home supervisory authority in schloss gleusdorf must have had a nervous breakdown. At the 16. Inspection since august 2016, they discovered home residents in their beds whose documentation already showed that they had been turned at 1 a.M., 3 a.M., and 5 a.M. And the responsible expert admitted that he had already filled in the form for all the residents ahead of time.
One of 32 that appear in monday’s ruling by the administrative court in wurzburg, which is why the three judges came to the conclusion that the closure announced by the district office in habberge – now to 15. February – was unavoidable (our newspaper reported briefly in tuesday’s edition). The judges fear for life and limb as well as the human dignity of the home’s residents, as is expressed several times in the 42-page judgment. The private operators of the facility are accused of unreliability and "a tendency to disregard professional duties" attests.
The verdict refers to the results of 16 visits by the home supervisory authority and three by the medical service of the health insurance company, in which "serious structural and care-related deficiencies" were discovered became clear. Despite the imposition of a large number of high fines, prohibitive admission freezes and repeatedly granted extensions of deadlines, new and / or repeatedly significant deficiencies had repeatedly come to light. A tenor that coincides with the descriptions of former employees who, based on their observations during an entire working week, describe much worse improprieties that are also part of the ongoing criminal investigation (our newspaper has reported on this repeatedly and exclusively since september 2016).
The third chamber of the administrative court explicitly addresses only 32 cases in its reasoning, which the district administration had listed with deficiencies, because the management of the senior citizens’ residence and its lawyer had commented on them in writing. Often attempts are made to place the blame on the employees: "individual misconduct of individual nurses". In addition, the defendants of the senior citizens’ residence had requested that the residents of the facility be summoned, and had submitted affidavits from some of the caregivers, expert reports, employment contracts, invoices, medical statements and medical findings. It is also argued that the managing director of 24. November 2016 to 30. March 2017 in custody pending investigation and was held in custody until march 11, 2017. August 2017 had been banned from entering the castle. Thus could not have had any influence. Since their return, the deficiencies and problems had been successively corrected.
Which is not consistent with the findings made by the representatives of the district office even after august 2017. The deficiencies in key words: specialist quota not adhered to, missing, incorrect or incomplete wound and care documentation, doctor not requested or requested much too late, doctor’s orders not adhered to, excessive pain plaster doses administered, workers employed with inadequate knowledge of german, hygiene deficiencies due to lack of disinfectants, remedies and medications not purchased or purchased late, lack of social support. In addition, there are medications whose expiration date had expired and which could not be assigned to a patient. This was also the case with care sets, where an electric nose hair trimmer was used jointly.
There are also several accusations that bedridden residents were not turned frequently enough or not at all, despite corresponding instructions, which even led to a pulmonary embolism in one case. "The court concludes that it is clear from the systematic approach with regard to all residents to be stored that this was not a one-time misconduct by a caregiver."
In addition, the ruling states, there were numerous other deficiencies in the audit reports on which the management had not taken a position. The court also accuses it of failing to distinguish adequately between the concept, quality management and documentation for the management of a care facility. "She has failed to comply with the requirements of the foster care act in a number of instances and over a long period of time." Some of the most recent improvements made or announced had been made under the pressure of the threatened closure, which had already been followed up on 1 january 2009. October 2018 had been pointed out, took place.
The verdict speaks of unreliability and resistance to consultation, and the judges see no tangible prospect of a sudden change due to the "systematic approach over a long period of time". The guiding principle of the legal assessment is the effective protection of the residents of facilities, in particular the protection of the fundamental rights to dignity, physical integrity and inviolability of the freedom of the person.
These values outweigh the economic disadvantages of the manager, which are described by her lawyer as destroying her existence. "It can be suggested to her to work in the future in the care field dependent." She should therefore look for a job. The judges also see good career prospects for the rest of the staff.
However, by 15. February the requirements for the proper operation of the care facility are maintained. In the disputed value, the administrative court set the estimated annual profit of the nursing home in the amount of 200 000 euros. According to the federal gazette, the balance sheet for 2016 showed 527,000 euros and the average number of employees was given as 50. The director of the home himself recently wrote of "more than 40 employees".
