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health care
patient must be clearly informed, however, that they have the right
to receive an appealable decision on the possession of the personal
property, if they object to the policy adopted by the ward. In unclear
situations, the patient must be asked whether he or she would like to
request an official decision. The Ombudsman recommended that the
guidelines on restrictive measures should include instructions on the
matter.
Procedure in admitting patients for observation
•
On reviewing the patient documents, it became apparent that the decisions to admit
patients for observation did not contain assessments on whether or not the conditions for ordering the patient to treatment had been met.
The Ombudsman stressed that admitting a person for observation
means deprivation from liberty for no longer than four days. The
patient cannot appeal the decision, unless they are ordered into
involuntary care. It is essential from the perspective of patients’ legal
rights that the legality of the observation decision can be demonstrated afterwards. The Ombudsman stated that there is no specific form
for admitting a person for observation, but according to the Mental
Health Act, the physician deciding on the measure must assess
whether or not the conditions for ordering the patient to treatment
are likely to be met.
The Ombudsman recommended that, in the future, in each individual case, decisions on admitting a person for observation include
records of the physician’s evaluation of the probable fulfilment of the
criteria laid down in the Mental Health Act.
Follow-up:
The hospital reported that it would expect its physicians to comply with the Ombudsman’s recommendation.
Involuntary medication
•
Shortcomings were detected in the documentation of involuntary medication, as
well as in the establishment of justified grounds for the practice.
The Ombudsman stated that a physician may decide on the involuntary medication for a period of time specified in advance, but such
a decision may be made for one day only, and the physician must, in
the same juncture, decide on the specific nature of restrictive measures to be used during the administration.
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