Important decision
The right of a parent to stay with the child during hospitalization is not absolute. The Supreme Court rejected the appeal of a mother who wanted to spend the night with her son in the intensive care unit. According to the court, a parent must only be allowed to be present if the hospital’s equipment allows it and it does not interfere with the care of other patients.
The case involved the mother of a newborn boy hospitalized at Masaryk Hospital in Ústí nad Labem in 2018. The woman wanted to stay overnight with her son, but the medical staff only allowed her to stay awake at the bedside. The ward was neither spatially nor technically adapted for the overnight stay of the accompanying person. The mother subsequently sought an apology and compensation, but was unsuccessful in any of the courts.
The Supreme Court confirmed that the Health Services Act obliges hospitals to allow a legal guardian to stay with a child only if the facilities allow it or if health care is not impaired. It also took into account the interests of other patients and medical staff. The court also reminded that while the presence of the parent is important for the child, it must not outweigh the safety and operational capabilities of the ward.
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