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 Board

You can submit a complaint to the Health Board concerning the grounds and the formal procedure of your involuntary placement. The Health Board will evaluate if the procedures and decisions made by the doctors were compliant to the law. If the Health Board establishes that there was a violation, they can order administrative sanctions against the mental health care institution. Very important – the decision of the Health Board can potentially serve as evidence in the Court if you have decided to claim compensation for the unlawful involuntary placement. 

Complaint to the Expert committee on quality of health services

You can submit a complaint to the Expert committee on quality of health services. The committee will then assess the quality of a health service provided to you. The Expert Committee serves as an advisory committee the purpose of which is to assess the quality of health services provided to patients and to make proposals arising from the assessment to the Health Board, the Estonian Health Insurance Fund and the health care providers. The assessment of the committee can potentially serve as evidence in the Court.

Complaint to the Court

You can submit a compensation claim to the 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 Board, that your rights were violated, could be very important evidence. 

Resources

Last updated 08/11/2023