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The family lawyer, Juan José Arcos, pointed out that the decision to transfer the victim, María Fernandoy Relagante, to the health care facility, where she finally became infected, was made by a judge of the Family Court of Punta Arenas, after a legal case for alleged abuses against it.
For the crime of prevarication (failing to perform their duties) and a quasi-felony of murder, the family of an older adult filed a criminal complaint with the Punta Arenas Guarantee Court against those who are responsible, in a case that dates back to July of this year, and where, after a series of erroneous decisions, they had to mourn the death of Mrs. María Fernandoy Relagante.
It all started when the quarantine was applied to the regional capital of Magallanes due to the high contagions of covid-19, a measure decreed in total for people over 75 years old, who were totally unable to leave their homes.
Thus, in a judicial case for alleged abuses to the detriment of Mrs. María, the magistrate of the Family Court of Punta Arenas, Marcela Vergara, ordered on July 28 the victim’s admission to the Hospital Clínico de Magallanes, in order to that she could receive adequate medical care.
In August of this year, in the same case, said judge would have ordered a precautionary measure at the hearing to prepare for the trial, which consisted of the affected woman being admitted to a Long-stay Establishment for the Elderly (Eleam), for a period of time 180 days.
But nevertheless, While waiting for the respective quota to be part of this Eleam, she would remain hospitalized in the main healthcare facility from Punta Arenas, and according to the availability of beds, you could order your transfer to a less complex hospital within the region.
In this way, the children of the victim entered a letter to the court requesting the discharge of their mother from the Clinical Hospital, for having found it in bad condition when they went to see it, noting that they had not cleaned it, and that it was totally abandoned.
However, and after staying for a few days in the medical facility, Mrs.María got covid-19, and because of this deadly virus he ended up losing his life at 11:50 p.m. on Saturday, August 29.
“All this makes this person, over 75 years old, get infected with Covid and end up dying as a result of this resolution that we we consider absolutely unjustified by the Court, where the minimum standards established by the health authority are not observed and the victim’s health is exposed to contagion and to death as a result of this disease, ”said the sponsoring attorney, Juan José Arcos.
For all of the above, the complaint requests that the antecedents be sent to the local Public Prosecutor’s Office, so that the investigation is finally formalized, so that those responsible for these crimes are sentenced to three years in prison, to pay the damages and other legal indemnities that are deducted in the corresponding civil action.
It also requests that various procedures be carried out and that the former health seremi of Magallanes, Mariela Rojas, be called to testify, among others, in order to account for the existing recommendations on the access of the elderly to hospitals with covid-19 patients.
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