How to complain about the decisions of doctors?
If you consider that the doctors at the mental health care institution did not make a lawful decision by keeping you placed involuntarily, you have the right to complain about their decision and request compensation for the damages sustained.
Complaint to the Health Inspectorate
You can submit a complaint to the Health Inspectorate concerning the grounds and the formal procedure of your involuntary placement. The Health Inspectorate will evaluate the decisions made by the doctors and the medical treatment provided to you.
If the Health Inspectorate establishes that there was a violation, they can order administrative sanctions against the doctors responsible. Very important – the decision of the Health Inspectorate can serve as evidence if you have decided to claim compensation for the unlawful involuntary placement.
The decision of the Health Inspectorate must contain information about where and within which deadlines the decision can be appealed.
Complaint to the Medical Treatment Risk Fund
If you sustained damages to your health or life as a result of the unlawful involuntary placement, you can claim compensation by submitting a complaint to the Medical Treatment Risk Fund.
You can request reimbursement for the damages done to your health or life (including moral damages due to damages to your health) and for the expenses of any necessary medical treatment for the sustained damages to your health. If the Fund establishes that your rights were violated, it will compensate you for the violation.
The decision of the Medical Treatment Fund must contain information about where and within which deadlines the decision can be appealed.
Complaint to the court
You can also submit a compensation claim directly to a court of general jurisdiction (civil court) against the hospital, which made the initial decision about the involuntary placement. Remember, that the civil procedure is complex and the court will request evidence that the violation of your rights indeed occurred. You will have to gather this evidence yourself. In this case, for example, the decision of the Health Inspectorate, that your rights were violated, could be very important evidence.