The responsibility of the psychiatric institution for hospitalization suicide

JUDGMENT

Fernandes de Oliveira v. Portugal 28.03.17 (no. 78103/14)

see here 

SUMMARY

Right to life. Suicide of a hospitalized in a psychiatric institution. Hospital Responsibility. The applicant complained that her son had committed suicide jumping from a train, leaving the hospital where he was hospitalized, attributing this tragic event to negligence in the psychiatric hospital in which he was hospitalized. His mother sued the hospital, arguing that her son should be under medical supervision and that hospital staff should have prevented him from leaving the institution. Her action was dismissed by the Administrative Court and the applicant complained that the authorities failed to protect the life of her son and were responsible for his death in violation of his rights under Article 2 (right to life). The Court found a double violation of the Convention for failing to protect the patient and for inadequate investigation of his death.

PROVISION 

Article 2

PRINCIPAL FACTS

The applicant, Maria da Glória Fernandes de Oliveira, is a Portuguese national, who was born in 1937 and lives in Ceira (Portugal). She complained that her son had committed suicide as a result of the negligence of the psychiatric hospital in which she was hospitalized. The applicant’s son suffered from mental disorders, and was repeatedly admitted to the Sobral Cid Psychiatric Hospital in Coimbra. In April 2000, he was admitted to the same institution because he had attempted suicide. On 27 April 2000 he left the institution without informing the hospital authorities, and committed suicide by falling in front of a train. Ms Fernandes de Oliveira brought an action for damages against the hospital, arguing that her son should be under medical supervision and that the hospital staff should have prevented him from leaving the institution. Her action was dismissed by the Administrative Court as well as her appeal to the Supreme Administrative Court on the grounds that suicide was unpredictable and that the hospital had not breached any care obligation.

Ms Fernandes de Oliveira complained that the authorities failed to protect the life of her son and were responsible for his death in violation of his rights under Article 2 (right to life).

THE DECISION OF THE COURT 

Violation of Article 2 (right to life)
Violation of Article 2 (investigation)

Just satisfaction: EUR 703.80 (pecuniary damage), EUR 25,000 (non-pecuniary damage) and EUR 409 (costs and expenses)


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