Abstract
Psychiatry is a unique area of medicine where the doctor, holistically caring for the patient, often comes across many administrative, juridical or social difficulties. They seem to be less common among other specializations of medicine, but still knowledge in the field of law is an indispensable part of the specialization training of young psychiatry entrants. The ability to apply it properly is particularly important and often necessary while dealing with a psychiatric patient. The purpose of this work is to illustrate such a juridical casus of the patient, previously hospitalized in various hospital wards as a result of being a victim of criminal battery, as well as to present the authentic juridical and social barriers, which a psychiatrist caring for chronically ill patients is obliged to break through. This case description also shows a review and depiction of legal acts and laws that have been applied. It calls attention to doctors’ helplessness in relation to the current administrative system, as well as raises the problem and powerlessness of hospital medical staff caring for chronically mentally ill patients, who must be provided care regardless of inefficiency of social care system. Moreover, this work also points to the importance of the appropriate
Highlights
The reality creates an unlimited number of circumstances in which a patient may need psychiatric hospitalization
Patient’s mother refused and after consulting her decision with a lawyer, she sent the letter stating that her old age and accompanying chronic diseases made her unable to take care of her son. In such circumstances the hospital turned to the Municipal Family Assistance Centre in order to place the patient in the Social Welfare Home
Due to the excessive length of the ongoing proceedings, Municipal Family Assistance Centre prior termination of proceedings and ongoing administrative incapacitation proceedings, the head of the unit decided to apply to the Court of Care for permission to place the patient in the Social Welfare Home without his agreement, following the Article 39 of Mental Health Care Act [4]
Summary
The reality creates an unlimited number of circumstances in which a patient may need psychiatric hospitalization. Patients require detention in hospital against their will, or are unable to give such an agreement because of their mental state. Doctors and other medical staff are exposed to aggressive patients’ behavior, which makes mandatory to be accustomed to relevant legal provisions. A holistic approach to the patient requires the insight into their social aspects as well as the work and family environment. The powerlessness of a psychiatrist against the administrative system on the example of a patient 53 patient to the relevant psychiatric rehabilitation, psychotherapy, daily ward, occupational therapy workshops, environmental treatment team, environmental self-help home, occupational activation facility, or social welfare home for the mentally ill
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