The Poitiers Court of Appeal declared the Association of Paralyzed People of France (APF) guilty this Wednesday, October 16, for the accidental death, “by imprudence, inattention, negligence,” of Caroline Madec, which occurred in 2010. The court thus vindicates the family of the disabled young woman, after the acquittal pronounced in 2020 by the La Rochelle court. The prosecution itself appealed.
The parents filed a complaint after the death of their daughter, aged 28, at La Rochelle hospital. Suffering from a serious pathology, a congenital heart defect, placed on an artificial respirator, the victim was welcomed by the Aytré medical assistance home (FAM), managed by the APF, in February 2010.
On November 23, after the usual evening nursing care in her room, Caroline activated the manual alarm bell at 9:30 p.m. When the caregivers arrive, she is unconscious, with blue lips. The home team begins a cardiac massage and increases the oxygen flow until the firefighters and SAMU intervene. Transported to hospital, the young woman was never resuscitated.
“Bad organization”
Following this death, the courts first dismissed the case for endangering others. But she believes she has enough charges to send the APF back to prison for manslaughter. The association is accused of “poor organization of the service exclusively attributable to the manager of the home”, which allegedly deprived Caroline “of the supervision and care that competent staff and adequate equipment could have provided”.
Indeed, according to expert reports, death was linked to cerebral anoxia, a total absence of oxygen caused by the accidental removal of respiratory support. In addition, the absence of an alarm repeater did not allow the staff, whose training is also highlighted by the experts, to be alerted in time.
As a result, the APF was fined 15,000 euros and ordered to pay more than 80,000 euros in damages to the family.
