How do you challenge a decision to restrict communication with the outside world and, if necessary, request compensation?
Any decision to restrict your communication with the outside world must be made by a doctor. If you believe that this prohibition was not necessary in your situation, or that it was applied too restrictively or for too long a time, you should challenge the decision of the doctor according to the procedure explained in the Health Act submitting a complaint at the Healthcare Inspectorate. The Healthcare Inspectorate will evaluate the decisions made by the doctors and the medical treatment provided to you. It must perform a check within 7 days after you submit the complaint.
If the Healthcare Inspectorate establishes that there was a violation, they can order administrative sanctions against the doctors responsible. Very important – the decision of the Healthcare Inspectorate can serve as evidence if you have decided to claim compensation for the restriction on communication.
You may also file a complaint to the court for compensation under the procedure of the State and Municipal Liability Act if the restriction was applied unlawfully.
If you wish to seek compensation for an unlawful decision made by a doctor or the head of the hospital, you should initially turn to the administration of the hospital and ask if they would like to settle the dispute out of court.
If such a settlement is not possible, you should submit a compensation claim against the hospital to a court of general jurisdiction (civil court). Remember, that civil proceedings are complex and the court will ask for evidence that the violation of your rights indeed occurred. You will have to gather this evidence yourself. In such a case, the decision of the Healthcare Inspectorate that your rights were violated could, for example, be very important evidence.