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There is also a right to nursing care for hospital stays if the hospital nurses cannot afford a very high amount of care due to lack of time
Those in need of care are also entitled to care assistance during a hospital stay. This is pointed out by the Social Law Working Group of the German Lawyers' Association (DAV) with regard to a fundamental decision by the Munich Social Court (file number: S 32 SO 473/10). However, a prerequisite for the assumption of costs for a nursing assistant is that the nursing staff in the clinic are overwhelmed with the care of those in need of severe nursing care due to time constraints.
Hospital nurses are often overwhelmed by the lack of time to care for patients in need of extra care. A patient suffering from a severe form of spasticity had to be hospitalized. At home, the woman takes care of home care for a good five hours a day and a willingness to care for up to 16 hours a day. For the recurring hospital stay, the disabled woman asked her health insurance company to accompany her through a nursing assistant. However, the application was rejected. Then she brought an action before the Munich Social Court - with success.
In the judges' opinion, the nurses in the hospital are usually unable to meet the very high needs of patients in need of severe nursing care. The lack of time does not allow the necessary care. This was also confirmed by the clinic where the woman was treated. The patient is therefore dependent on the nursing assistant during her therapy, the court said. The costs must therefore be borne. (ag)