Madrid nursing home death investigations face judicial uncertainty

A judicial uncertainty has emerged regarding whether to consolidate multiple investigations into a single 'macrocausa' concerning deaths in nursing homes in the Community of Madrid during the first wave of the COVID-19 pandemic. Judge María Isabel Durántez, who previously opposed grouping the cases, has consulted the president of the Madrid Provincial Court, Juan Pablo González-Herrero, to resolve discrepancies between different judicial sections.

The legal debate centers on whether to investigate each death individually or to conduct a joint investigation into the so-called ‘shame protocols’—measures that allegedly prevented residents from receiving hospital care. While two sections of the Provincial Court have ruled against a consolidated investigation, another section has supported it.

Representatives from the ‘Marea de Residencias’ group, which includes families of the deceased, expressed cautious optimism regarding the possibility of a joint investigation. They noted that the legal process has been slow, with initial lawsuits filed in April 2020 still awaiting definitive resolutions after six years.