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 or your legal representative can submit a complaint to the District 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. It must perform a check within 7 days after you submit the complaint.
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 Health Insurance Fund
If you sustained damages to your health or life as a result of the unlawful involuntary placement, you can ask for estimation of the violation by submitting a complaint to the Health Insurance Fund and the „Medical Audit” Executive Agency. If the Fund and/or the Agency establishes that your rights were violated, you may initiate a court proceeding for compensation.
The decision of the Health Insurance Fund/Medical Audit Agency 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 /"Medical Audit" Agency/, that your rights were violated, could be very important evidence.