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.
Step 1 — Challenge to the health care institution
You can challenge the decision of the doctor and file a complaint 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 — Complaint to the Health Board
You can submit a complaint to the Health Board. The Health Board will evaluate if the restriction 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.
Request for compensation to the hospital
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 Health Board that your rights were violated could, for example, be very important evidence.