Jinan one " Psychosis" Person compensate

Jinan one " Psychosis" Person compensate
Jinan one " Psychosis" Person compensate
Having a rest in the family, but is trussed up by force by the staff members of insane asylum, want to send to the hospital, this one in Shizhong District, Jinan " Psychosis" Person go insane asylum this and one's own wife by court informing to this. The recent first instance of district people's court in Jinan " In order to infringe citizen's freedom of person" It is from,adjudicate whether insane asylum compensate for in accordance with the law damage to last gold of 5000 yuan plaintiff spirit. This is national the citizen that the first comes into force is accepted for medical treatment and initiates the judgement of the lawsuit as the mental patient. March 9, 2010, Li Yuan (assumed name) Wife Lu XiuFang ( Assumed name) Go to an insane asylum in Jinan to claim its husband has psychosis, and husband's admission procedure, have paid the deposit in hospital of 3000 yuan. The next day, insane asylum 4 staff member go the house by taxi, want to take it to the hospital treatment. Because Li refuse, go, do one's utmost, resist, insane asylum staff member take with restrain way that strip truss up from, take out of it by force home, want to fill it in the taxi and take to the hospital, in this course, Li Yuan does one's utmost to resist, attracts some people to surround and watch. And then Lu XiuFang calls the police, after public security men reach the scene, the staff members of insane asylum have untied the restraint which truss up Li Yuan to take. Hereafter, Yuan Li and their wife inform pay court the insane asylum, think the insane asylum was having any evidence, have not adopted it under the situation of any medical diagnosis either, has adopted the violence means to send to the behavior of treatment of insane asylum by oneself, cause the enormous wound psychologically, psychologically to oneself, ask to sentence to making the insane asylum compensate the spiritual financial loss of 50,000 yuan. The court thinks, only if through the due course of law, no individual or unit may deprive others' freedom of person, even a mental patient or suspected mental patient, it is the same. It is a kind of behavior of depriving its freedom of person to include by force institute's treatment of the mental patient or suspected mental patient. Our country has no mental hospital of legal provision to include by force institute's therapeutic power of the mental patient or suspected mental patient at present. So, the procedure that this insane asylum is in hospital only according to what Lu XiuFang went through, send someone to take violence way of trussing up etc. to take people to the behavior of the hospital without authorization, having infringed its right of health and freedom right seriously, it is the tort. Court adjudiacate in the first instance insane asylum compensate the spirit damage, conciliate 5000 of King. At present, this judgement has already come into force. "Look from the whole country, people's situation should not be small number that the insane asylum accepts and cures the disease by force. " Mainly examining a judge and introducing, however, according to the legal provision, only the public security organs organ has the right to limit the freedom of person of this case. If insane asylum can charge, cure the disease people by force at will, then we may face " psychosis " Danger. In term of court, can't allow this kind dangerously and exist. Then to the real mental patient or suspected mental patient, how to accept for medical treatment on earth? This mainly examines a judge to think, our country should promote the issue of " law of mental hygiene " as soon as possible, and establish the specialized agency to screen, check the suspected mental patient, this organization should be the third party independent of mental hospital, through legislating, give it or public security organ accepts the mental patient's power for medical treatment. According to Xinhua News Agency


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