The National Human Rights Commission said on the 7th that it had asked the police to investigate three hospital aides at a psychiatric medical institution on charges of assault after they kicked a patient and covered the patient's face with a pillow while placing the patient in seclusion and restraints.
The complainant filed a petition with the National Human Rights Commission (NHRC), saying three hospital aides assaulted the victim patient and otherwise treated the patient unfairly.
The hospital said that at the time of the incident the patient's resistance was intense, creating an unavoidable situation in which the hospital aides were instead injured.
However, the National Human Rights Commission (NHRC), after reviewing closed-circuit (CC)TV footage and other materials, determined that acts by the hospital aides such as punching the patient, grabbing the neck area and moving the patient to a protection room, and then pressing the face with a knee constituted cruel treatment prohibited by the Mental Health and Welfare Act. The NHRC also found that these actions did not meet the principles required by the treatment- and protection-oriented "seclusion and restraint guidelines."
The National Human Rights Commission (NHRC) recommended that the chief of the competent police station investigate the three hospital aides on assault charges.
The National Human Rights Commission (NHRC) also confirmed that the restraint of the victim patient exceeded 24 minutes, contrary to the hospital's records, and that a "five-point restraint," not the "four-point restraint" ordered by a psychiatry specialist, was carried out. A four-point restraint ties the patient's two arms and two legs, while a five-point restraint additionally ties the chest or waist.
The National Human Rights Commission (NHRC) judged that in psychiatric medical institutions, seclusion and restraint must be carried out to the minimum extent under a physician's professional judgment, and that nurses have a duty to ensure compliance with those orders and to record them accurately, but that a nurse at the hospital neglected these duties and needs to be disciplined.
Separately from disciplining the nurse, the National Human Rights Commission (NHRC) recommended conducting regular human rights training for affiliated staff. It also told the head of the competent local government to thoroughly guide and supervise the hospital.
The National Human Rights Commission (NHRC) said it hopes this decision will serve as an opportunity to strengthen related education to prevent violence and arbitrary enforcement during seclusion and restraint in psychiatric medical institutions.
The National Human Rights Commission (NHRC) said, "Even if there are unavoidable circumstances, it cannot justify assault," and added, "In a closed environment, adherence to procedures, accuracy of records, and a responsible management system are the minimum safeguards to protect patients' human rights."