Society Hospital ordered to pay damages for illegally holding hikikomori

[thomas]

A few weeks ago, we posted a heartbreaking NHK documentary that deals with the fate of hikikomori, or social recluses, left without care and welfare once their parents are hospitalised or pass away.

NHK Video: Hikikomori in an Aging Japan

This haunting video is part of NHK's On Demand series: it describes the fate of hikikomori who depend on their ageing parents and are left without support once their parents die or are moved into a care facility. The video looks at the cases of two recluses, who died at the age of 49 and 56 and...

jref.com

I didn't know that there are companies specialising in forcibly extracting hikikomori from their homes to help them end their lives as recluses. In one such case, a company called Clear Answer forcibly removed a man in his 30s who had never/ worked after graduation from university and lived with his parents, confining himself to his room. Doctors later diagnosed him with acute and transient psychotic disorders, saying he needed hospitalisation for medical care and protection. He was kept in a hospital in Tokyo's Adachi Ward for 50 days. A court has now awarded him 3.08 million JPY (USD 22,070) in damages.

For three days during his hospitalization, the man was physically restrained and forced to wear diapers. The court declared his hospitalization was illegal based on the man's electronic medical records, which showed the doctor who saw him was not a "designated physician of mental health." Only doctors who are qualified as such are allowed to decide whether a patient needs "hospitalization for medical care and protection." The ruling also determined there was no evidence the man was suffering from mental disorders when he saw the doctors. Lawyers for the hospital operator argued in the trial that doctors determined the man was in a state of "morbid excitement" when he arrived. But the ruling discounted this argument on grounds there was nothing in man's medical records to show he was in such a state. "Even if he was in a state of excitement, it is not hard to believe that the man was surprised at being taken to a psychiatric hospital without any explanation," the ruling stated. In addition to declaring his hospitalization unlawful, the court deemed that restraining him physically was illegal.

Hospital ordered to pay damages for illegally holding recluse | The Asahi Shimbun: Breaking News, Japan News and Analysis

 

[Paint_Black]

so....what's the sort of damage? cannot understand

 

[thomas]

so....what's the sort of damage? cannot understand

His admission to the hospital did not meet the legal requirements: he was held against his will, restrained and wrongly diagnosed with a mental disease. His lawyers later helped him escape from a temporary shelter provided by the company that got him admitted.

 

[nice gaijin]

so....what's the sort of damage? cannot understand

"paying damages" is a legal term for having to repay the plaintiff in a civil lawsuit, where it's been determined that there was physical damage to the person or their property, or emotional/psychological damage due to the actions of the defendant (in this case, the hospital).

In this case, the man was falsely (illegally) imprisoned for nearly 2 months based on a diagnosis from doctors who were not legally qualified to make that determination (possibly due to an agreement with Clear Answer to ensure that the patient is remanded--kept in custody). The fact that these weren't the right kind of doctors was probably crucial in determining that his detainment was unlawful. He was subjected to inhumane conditions and being physically restrained, again under false pretenses. That is not an environment for getting well; if anything that seems incredibly traumatic and something that could cause just about anyone to lose their mind, let alone someone with pre-existing mental conditions. I'm amazed he had the werewithal to get legal help and escape the situation.

Seems to me like these "pulling out" companies prey on the frustrations of the families of hikikomori, promising an easy fix with zero regard for the actual health and well-being of the hikikomori themselves. You can't force people to change, they have to want it for themselves; getting better is a process and it's often full of pitfalls and drawbacks, and it take the kind of patience and care like the kind shown in the video link @thomas shared here. It's not always successful, but so long as they aren't a danger to themselves or others, it's the only way to respect their autonomy and rights.

edited to add link to video mentioned