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Compulsory psychiatric hospitalisation by request, in the context of respecting the rights of the mental health clinic patient

14 December 2022

This paper presents the specifics of the procedure for placing a patient in a psychiatric hospital on the basis of the so-called application procedure referred to in Article 29 of the Mental Health Act. This procedure has a unique character, as it does not involve a state of direct threat to the patient's health or life. The applicants in the case are most often: the patient's relatives or the social welfare authority. The situation is unique, also because most of it takes place on the premises of a mental health clinic. The authors have also devoted considerable space to the issue of the rights of the patient reporting to the above-mentioned type of counselling centre. In this article, great emphasis is placed on analysing the patient's right to be informed not only about his or her treatment, but also about the purpose of the examination and the circumstances of a request for compulsory treatment. In addition, an attempt is made to answer questions such as: does the doctor have the right in the above situation to conceal certain information from the respondent, especially information which may lead to the emergence of a conflict or trigger its escalation in the patient's family? and are there circumstances in this situation that would justify the use of direct coercion? The considerations are illustrated by the case of a particular patient who was referred to hospital under the above mentioned procedure.

https://www.researchgate.net/profile/Wioletta-Medrzycka- Dabrowska/publication/327526538_Patients_right_to_pain_treatment/links/5ba75886a6f dccd3cb6c829c/Patients-right-to-pain-treatment.pdf