A RESIDENTIAL care home in Guaro, Malaga has been sentenced to pay €30,000 in compensation to the family of a woman who was killed by another patient, aged 86.
Malaga Provincial Court has acquitted the 91-year-old man accused of killing the woman and injuring another man in the early hours of August 2, 2018, at the Domus VI Sierra de las Nieves in Guaro. The court considered that due to his mental state he cannot be held criminally responsible for killing them woman, as he suffered from dementia with severe behavioural issues which totally annulled his faculties.
Sector 4, where he and the victim were housed, is the area reserved for patients with behavioural disorders.
However, the sentence has found the care home responsible because the outcome could have been avoided had the staff taken precautions and been more vigilant in Sector 4. The staff on duty at the time did not see images from the security cameras which showed the patients walking the corridors in the early hours of the morning.
At around 3.20am, the man met the victim in the corridor and attacked her. She died from brain trauma from the beating. The man had also attacked his roommate, 86, who had several head injuries although they were not serious.
The man has been acquitted of manslaughter and injuries, but the court has ruled that he be sent to a psychiatric centre where his illness can be properly managed for 10 years.
The care home had already paid €25,000 in compensation in October, but the court has ruled that €5,000 more be paid as the dead woman was her daughter’s only living parent.
The sentence can be appealed in the Andalucia Superior Court of Justice.
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