How to appeal a decision to apply restrictive measures?
The decision to use restrictive measures must be made by a doctor. If you believe that the restrictive measures were not necessary in your situation or that they were applied too restrictively, you can appeal the decision of the doctor to the following institutions:
Step 1 — Appeal to the health care institution
You can appeal the decision of the doctor to the person assigned to deal with the complaints at the mental health care institution. Generally, the answer must be given within 30 days.
Step 2 — Application to the Health Care Quality Expert Commission
The Commission’s main role is to act as an independent counsellor for patients but its decisions have no legislative power. If the Commission finds the health care provider to be responsible for malpractice and causing health damage, the patient has a right to have their case heard in court and the Health Board could fine or withdraw the licence of the health provider concerned.
Step 3 — Complaint to the Health Board
You can submit a complaint to the Health Board. The Health Board will evaluate if the restraint was compliant to the law. There is no specific application form, you can send an e-mail or letter via regular mail. The board will consider your application for free and ask you for further documentation if needed.
Step 4 - File an action to the court
You can file an action to a court of general jurisdiction for compensation of damages within five years.