Facts
A. was admitted to Clinic B. on January 10, 2017, due to a known paranoid schizophrenia and danger to self and others. On January 11, 2017, A. refused treatment with 400 mg of Solian, whereupon forced medication was administered.
On January 12, 2017, the senior physician Dr. med. D. ordered the treatment of A. without her consent from January 11, 2017, for an indefinite period. This order was served to A.'s legal representative on January 13, 2017.
A. then applied to the District Court of Meilen for the revocation of the forced treatment, which was, however, rejected. A. appealed this decision to the High Court of the Canton of Zurich, which, however, did not enter into the merits of the case.
A. finally filed a civil law appeal with the Federal Supreme Court against the decision of the High Court.
Considerations
The Federal Supreme Court concluded that the order of the senior physician dated January 12, 2017, constitutes an order for treatment without consent within the meaning of Art. 434 para. 1 CC and is therefore an appealable order.
The Federal Supreme Court justified this as follows
- The treatment plan of January 10, 2017, provided for a medicinal treatment of A. with Solian 400 mg.
- The order of the senior physician dated January 12, 2017, ordered the treatment of A. without her consent from January 11, 2017, for an indefinite period.
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