Tvångsvårdade patienters delaktighet: en studie av patienters överklagande av beslut om deras vård

The aim of this dissertation in the field of Sociology of Law, is to investigate how much participation patients of involuntary treatment have in judicial decisions about their care. This investigation was prompted after reading a recent proposition from the department of health in Sweden, that suggested that the laws of involuntary treatment (LPT) were changed to allow the affected patients more influence over their care. The nature of involuntary treatment is to limit patient’s rights, but should only do so to a necessary extent, as the patients still have basic human rights. This issue was investigated by reading public court judgements from patients appealing the doctor’s decisions of involuntary treatment. These were then analyzed with help of sociological theories of Foucault about bio-power, governmentality and discourse. The results indicated that the patients had very little influence in court or over the judicial judgements, and had little to no power to influence their treatment plan. Their voices were not relevant in court. This contradicts for example the Swedish health law (HSL) and the patient law, which entail all people to have equal rights to make decisions in their care and although involuntary treatment naturally requires reduction of limitation of these rights, it should be avoided as far as possible, to foster patients to feel safe and happy