The Section of the Seville Prosecutor’s Office specialized in the protection of the elderly and disabled is dealing with the first case of a citizen who, on behalf of his father given his situation, a resident of a nursing home in the province, has refused to that this person be administered the vaccine against the Covid-19 coronavirus, as advanced this Wednesday Seville newspaper and Norberto Sotomayor, delegate prosecutor of the aforementioned matter, has confirmed. Through the procedure initiated, as explained, it will be elucidated whether, thanks to the primacy of the health of the elderly, the Prosecutor’s Office requests the issuance of a judicial order ordering the administration of the vaccine to this person.
In an appearance before the media, Norberto Sotomayor explained that his department is already facing this case in which a person who represents his father as he is unable to make decisions regarding his own health, this elderly man resides in a center for the elderly in the province of Seville, has refused to be administered the vaccine against Covid-19. In that sense, he has stated that he has “news” of other cases in which “it seems” that some people could position themselves in the same way with respect to the relatives whose representation they hold on account of their situation.
In this regard, this prosecutor specialized in the protection of the elderly and disabled has explained that in this type of cases the basic Law 41/2002 regulating the autonomy of the patient affects, according to which if the decision is determined as “wrong” adopted in health matters by the legal representatives of a person who “lacks the capacity” to decide for himself, a “judicial intervention” may mediate.
And is that although all people can decide whether or not to undergo medical treatment, in cases where decisions are made in relation to other people due to their “inability” to decide for themselves, they can happen ” situations of conflict “between the necessary defense of the health of such persons and the” decisions “made by their guardians, relatives or close friends when representing them.
In any case, as he has specified, “the health of the person must prevail”, so that in the face of this specific situation arising in relation to an elderly resident in a nursing home in the province of Seville, once the matter has been raised to the Prosecutor’s Office , a procedure has been initiated to elucidate, with the “advice” of the elderly’s doctor and forensic medical experts who assist the Prosecutor’s Office and the “criteria” already described, whether to request a court to order the elderly’s vaccination “always that there is no problem of “incompatibility, allergy to the vaccine or any circumstance that recommends” not to administer it to this person.
If the court does not detect “obstacles” that prevent the vaccine from being administered to this person, as he has said, “it will issue an order” for it to be administered, with which the “consequences” of the judicial intervention would mean that the decision made by the family member representing this elder. “If a doctor determines that for scientific reasons it is not good to give the vaccine, it will not be done, but if there are no obstacles, the decision of the child cannot harm the health of the father,” he asserted, pointing out that it is based on the premise that the vaccine “is good” as it has been validated by the Spanish and European health authorities.
Indicating that these situations will be treated “case by case”, with “medical advice” and thanks to “criteria” in this matter, Norberto Sotomayor has stated that currently, his department is “in contact” with the health authorities to resolve how to “channel “this case, insisting on the idea that he has” news “that other families would be considering pronouncing in the same way.