Compulsory psychiatric hospitalization in the petition mode, in the context of respect for the rights of outpatient mental health clinic patient
Błażej Kmieciak

The following text will show the specificity of the procedure of placing the patient in a psychiatric hospital, basing on the so called petition mode, as determined in article 29 of the mental health protection act. This procedure has a unique character because it is not related to the situation of direct threat to the patient’s health. The applicants usually are the people close to the patient or a social aid institution. This situation is unique also because it mostly takes place in an outpatient mental health clinic. Another important issue is that of the rights of the patient reporting to that type of outpatient clinic. Special attention is paid to the patient’s right to obtain information not only on the treatment but also on the purpose of treatment and circumstances of submitting an application for compulsory treatment. Furthermore, an answer was sought for such questions as whether or not in the above situation the doctor has the right to conceal some information from the patient, especially such information which may lead to a conflict or arouse its escalation in the patient’s family, or whether the presented situation contains some circumstances which allow to use direct coercion? The considerations were illustrated on the basis of a specific patient referred to hospital according to the above mentioned mode.