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Can the patient contest the care that is brought to him by force? What are the remedies to which he is entitled?
Refer to the judge of freedoms and detention
A patient who undergoes forced psychiatric care can challenge this care if he considers it unjustified. To do this, he must write to the judge of freedoms and detention of the court in which the establishment is located, and mobilize a third party under the conditions provided for by law: this third party may be, for example, his spouse or his lawyer. . . The judge has the choice to accede to this request or to seize if he considers to have sufficient elements, and also to fix a hearing at the court or at the hospital.
Prove that the care is not justified
To win the case before the judge of freedoms and detention, it is necessary to prove by all means that this support is not justified and that a release of this measure must be ordered. We must provide the judges with solid evidence: expertise, medical certificate, testimony from a third party, etc., and our own written observations. The hearing is very important since all parties are heard. On the basis of all these elements, the judge decides either to order the release, or to confirm this measure. The patient can appeal their decision.
What happens if my calls don’t go through?
If the patient considers that the procedure has not been respected by the representative of the State or by the director of the establishment, or that a decision is not justified, he can ask to obtain the cancellation of the decision. This request is made by appeal for abuse of power before the administrative court. The patient can also decide to lodge a criminal complaint if he believes that offenses have been committed and claim damages.
Société d’Avocats DAMY, Nice , How to challenge forced psychiatric hospitalization?, Update 2022
