Compensation for violation of personal rights as a result of admission to a psychiatric hospital without permission - case study

Abstract

The analyzed case, in particular the verdict of the Szczecin Court of Appeal, leads to the conclusion that it is necessary to distinguish the groundlessness of admission without consent to a psychiatric hospital from the illegality of such an admission. The admission is unreasonable if the conditions for admission are not met, while the unlawfulness occurs both in the case of gross non-acceptance of admission and failure to meet the formal require- ments of such adoption specified in the provisions of art. 23 par. 2–5 acts. The guardianship court decides only on the legitimacy of admission. Thus, the compliance of the hospital proceedings on admission without consent with the provisions of art. 23 par. 2–5 of the Act is subject to recognition and assessment in the event of a claim being made by a patient related to the violation of personal rights as a result of admission. Consequently, this court would not be bound by the decision of the guardianship court. The distinction between the illegality of admission and its unfairness allows to reconcile the attachment of the court hearing the patient’s claim to the guardianship court under Article. 365 k.p.c. with the independence to deter- mine the basis of the actual judgment.