During the pandemic the visitation rights in the hospital have strictly been restricted: is this however legally acceptable? Let’s have a look at the case of the Leverkusen Local Court, Order of 30.05.2022
– 26 C 190/22 –
If a patient is dying, the patient’s children, in addition to the patient’s spouse, are entitled to visitation for one hour daily, despite the hospital’s corona rules. This was decided by the district court of Leverkusen.
In May 2022, a man suffering from dementia was dying in a hospital in Leverkusen. His son wanted to visit him, but was not allowed to do so. The reason given was the hospital’s internal Corona rules, according to which only one person per day is allowed to visit each patient for a maximum of one hour. As the patient’s wife was already visiting, the son was not allowed to see his father. The son pointed out that he had taken a negative Corona test and also wanted to be tested before each visit. He finally applied for an interim injunction.
Entitlement to access the terminally ill father for one hour
The Leverkusen Local Court ruled in favour of the applicant. The respondent had to grant the applicant, in addition to his mother’s right of visitation, a right of visitation for one hour each day during visiting hours.