ODPOWIEDZIALNOŚĆ SZPITALA PSYCHIATRYCZNEGO ZA DZIAŁANIA WŁADCZE
RESPONSIBILITY OF THE PSYCHIATRIC HOSPITAL FOR ACTION
Author(s): Jan CiechorskiSubject(s): Psychology, Human Rights and Humanitarian Law, Health and medicine and law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: Admission without consent to a psychiatric hospital; exercise of public authority; direct coercion; responsibility for the exercise of public authority;
Summary/Abstract: Under the Mental Health Act, a psychiatric hospital may, in certain cases, admission a patient without his consent. In justified situations, even direct coercion may be applied to make this admission. In my opinion, this competence should be treated as the exercise of public authority by a psychiatric hospital, because in a one-sided ruling manner it defines the rights and obligations of such a patient. Consequently, for any damage caused by this acceptance should be liable under Art. 417 k.c. or art. 4172 k.c. There is no basis for such a deep interference in basic human rights that does not qualify as the exercise of public authority.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2018
- Issue No: 23
- Page Range: 11-27
- Page Count: 17
- Language: Polish