How to appeal a decision to apply restrictive measures?

The decision to use restrictive measures must be made by a doctor. If you believe that the restrictive measures were not necessary in your situation or that they were applied too restrictively, you can appeal the decision of the doctor according to the procedure explained in the Medical Treatment Law, which is as follows:

Step 1 — Appeal to the health care institution

You can appeal the decision of the doctor to the head of the mental health care institution within one month. The head of the mental health care institution has to consider your complaint within seven days.

Step 2 — Appeal to the Health Inspectorate

If you disagree with the decision of the head of the mental health care institution, you can appeal it to the Health Inspectorate within one month. The Health Inspectorate has to consider your complaint within twenty days.

Step 3 — Appeal to the court

If you disagree with the decision of the Health Inspectorate, you can appeal this decision to a court of general jurisdiction within one month. You cannot appeal the decision issued by the Court.

Request compensation to the Medical Treatment Risk Fund

If you want to request compensation for the damages you suffered because of the restrictive measures, you can turn to the Medical Treatment Risk Fund. Read more about the complaint to the Medical Treatment Risk Fund.

Resources

Last updated 14/03/2016