More Action: Japanese supreme court upholds decision against psychiatric hospital that used excessi

Thank you for your continued support.  We now have 13,354 signatures.  I want to tell you about some exciting news: This week the Japanese Supreme Court declined to hear an appeal by the psychiatric hospital against a lower court decision requiring them to pay more than 35 million yen compensation to the Ohata family, whose son passed away in 2016 under nearly identical conditions to my son Kelly.  This may be the beginning of the end of physical restraints in Japanes psychiatric hospitals.  Here is the link: https://www3.nhk.or.jp/lnews/kanazawa/20211021/3020009569.html

And Here is the English translation:

Physical restraint at psychiatric hospital: Parents of dead man win case

Oct. 21, 10:37 a.m.

The parents of a man who was hospitalized at a psychiatric hospital in Ishikawa Prefecture five years ago and died of economy class syndrome after being restrained in his bed have won a lawsuit against the hospital.

Five years ago, Kazuya Ohata, then 40, was hospitalized at Tokiwa Hospital, a psychiatric hospital in Nonoichi, Ishikawa Prefecture. The parents sued the social welfare corporation running the hospital for damages, claiming that he was illegally restrained when it was not necessary.

The Kanazawa District Court, the court of first instance, dismissed the parents' lawsuit, stating that "it was not unreasonable for the doctor to decide that there was no other way but to restrain him," but the Kanazawa Branch of the Nagoya High Court, the court of second instance, ruled in December last year that "when the restraint was started, the man was not acting violently and was taking his medicine without refusing, so the restraint was not necessary. The doctor's decision was too early," the court said, accepting the hospital's responsibility and ordering the hospital to pay over 35 million yen  (>$NZ 430,000) in compensation.

The hospital had appealed against this decision, but Yasumasa Nagamine, the chief justice of the Third Petty Bench of the Supreme Court, dismissed the appeal on 20 October, thus confirming the parents' victory.

Masaharu Ohata, father of the deceased Kazuya Ohata, told NHK, "It took a long time, but I am relieved that the feelings of the deceased Kazuya have finally been understood. when the first trial court made a decision that did not reflect the feelings of the bereaved family, I almost gave up fighting. However, I am very glad that I have continued to appeal the case because I believe that the problem of physical restraint in Japan will never be solved. I hope this will be the beginning of the end of restraints in hospitals," she said.

In response to the decision, Tokiwa Hospital, a psychiatric hospital in Nono City, said, "We solemnly accept the Supreme Court's decision and will continue to take all possible measures to prevent recurrence. We pray for the repose of the souls of the deceased and will respond to the bereaved families in good faith.

Translated with www.DeepL.com/Translator (free version)

Thank you again,

Martha Savage (Kelly’s mother)