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Supreme Court: A parent's stay in a medical facility with a hospitalized child has its limits

The Supreme Court in its decision of 17.9.2025, sp. zn. 25 Cdo 2087/2024 stated that the right of a parent to stay with a hospitalized child is not absolute. In this case, it was a mother who wanted to spend the night in intensive care with her month-old son. The paramedics allowed her to stay awake at the bedside, but not to sleep, because the ward was not spatially or technically adapted for this. The lawsuit for apology and compensation was dismissed by the courts.



According to the Supreme Court, it is necessary to always take into account whether the presence of a parent does not interfere with the provision of care and does not endanger other patients. If the hospital does not have suitable conditions or the oversleeping would interfere with the provision of care, the parent is not obliged to allow the stay. In this case, the protection of the health of the child and other newborns outweighed the mother's right to family life represented by the parent's stay in a medical facility together with the hospitalized minor child. Thus, the decision shows that the presence of a parent with a hospitalized child has its limits and always depends on the circumstances of a particular case.

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https://www.reznicek.com/aktuality/nejvyssi-soud-pobyt-rodice-ve-zdravotnickem-zarizeni-s-hospitalizovanym-ditetem-ma-sve-hranice

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