Abstract

The article raised the issue of asserting protection of personal freedom by patients forcibly put in a psychiatric hospital with respect to whom the family court has subsequently found no grounds for hospitalization without the consent of the entitled person. The problems arising with respect to actions for damages against psychiatric hospitals have been considered on the example of the Supreme Court judgment of 9 July 2015, I CSK 524/14 (unpublished). Doubts have been reported in this respect concerning the fact that psychiatric hospitals have not been granted an opportunity to participate in the judicial proceedings aimed at examining the grounds for forcible hospitalization.