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111 judgments found.


Uday Foundation for Congenital Defects and Rare Blood Groups v. Union of India, et al.

Country: India
Year: 2015
Court: High Court of Delhi
Citation: W.P.(C) No. 8568/2010
Health Topics: Child and adolescent health, Diet and nutrition, Health information
Human Rights: Right of access to information
Facts:

Following a petition filed by the Uday Foundation, in February 2011, the Court ordered the Union of India to state whether a global policy had been framed regarding the subject of “junk food” and the emphasis of health and nutrition in schools. The Food Safety and Standards Authority of India (FFSAI) responded to the Court …Read more

Tags: Awareness, Children, Diet, Food, Health education, Health promotion, Malnutrition, Obesity
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Shatrughan Chauhan and another v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: Writ Petition 55 of 2013
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Detainee, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Isolation, Jail, Mental competence, Mental disability, Mental disorder, Mental illness, Psychiatry, Psychology, Schizophrenia, Solitary confinement, Torture
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Amit Ahuja v. Union of India

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 1507/2014 & CM APPL. 3144/2014
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health
Facts:

The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Health expenditures, Health spending, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals, Subsidies
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National Legal Services Authority v. Union of India and others

Country: India
Year: 2014
Court: Supreme Court
Citation: [(2014) 5 SCC 438]
Health Topics: Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to life, Right to privacy
Facts:

Members of transgender community sought a legal declaration of their gender identity, instead of the male or female identity assigned to them at the time of their birth, claiming that that non-recognition of their gender identity violated Articles 14 and 21 of the Constitution of India (the “Constitution”). Hijras and eunuchs, who were also members …Read more

Tags: Access to health care, AIDS, Gender identity, Gender reassignment, HIV, HIV positive, Intersex, LGBTI, Most-at-risk, Queer, Sex reassignment, Sexual assault, Sexual orientation, Sexual violence, Transgender, Transsexual
Download Judgment: English

Mohd Ahmed (Minor) v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Facts:

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child mortality, Children, Essential medicines, Genetic disease, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Pharmaceuticals, Poor, Pricing, Social security, Subsidies, Tertiary care, Underprivileged
Download Judgment: English

Bayer Corporation v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Bombay
Citation: Writ Petition No. 1323 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Kidney disease, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
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Novartis AG v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal Nos. 2706-2716 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

In 1998, Novartis AG, a multinational pharmaceutical company based in Switzerland, filed a patent application in India for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukaemia, a type of blood cancer. In 2005, the Chennai Patent office heard patent oppositions to this application, including one filed by the Cancer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
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Suresh Kumar Koushal and another v. Naz Foundation and others

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal No. 10972 of 2013
Health Topics: HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more

Tags: AIDS, Bisexual, Buggery, Criminalization, Gay, Gender identity, HIV, Homosexual, Law enforcement, Lesbian, LGBTI, Sexual orientation, Sodomy, Transgender
Download Judgment: English

Voluntary Health Association of Punjab v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Writ Petition (Civil) No. 349 of 2006
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
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Sandesh Bansal v. Union of India and others

Country: India
Year: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
Facts:

The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more

Tags: Abortion, Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Clean water, Clinics, Emergency care, Health care professionals, Health care technology, Health care workers, Health expenditures, Health facilities, Health funding, Health spending, Infant health, Low income, Maternal health, Maternal mortality, Out-of-pocket expenditures, Poor, Pregnancy, Primary care, Public hospitals, Termination of pregnancy, Unsafe abortion, Vaccination
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Mr. Y and Mr. X v. Secretary to the Government, et al.

Country: India
Year: 2011
Court: High Court - Madras
Citation: 2011 (1) CTC 645
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

Mr. Y, Petitioner No.1, was a person belonging to the backward class. He held a valid driving license and was asked to apply for an interview to the Tamil Nadu State Transport Corporation, Respondent, for the post of a driver. He was asked to submit his medical fitness certificate and certificate relating to eyesight to …Read more

Tags: HIV positive, HIV status, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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Court on Its Own Motion v. Union of India

Country: India
Year: 2011
Court: High Court - Delhi
Citation: W.P.(C) 5913/2010
Health Topics: Health care and health services, Health information, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The Delhi High Court made its own motion because of a newspaper report about a destitute woman who died on a busy street while giving birth to a baby girl. The girl had been struggling for life at a foster home named Udayan which was located in Delhi. The Court had subsequently issued directions to …Read more

Tags: Access to health care, Access to treatment, Awareness, Childbirth, Health care professionals, Health care workers, Health education, Health facilities, Health promotion, Indigent, Low income, Maternal health, Maternal mortality, Poor, Pregnancy, Underprivileged
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Premlata v. Government of NCT Delhi

Country: India
Year: 2011
Court: High Court of Delhi
Citation: W.P. (C) 7687/2010 & CM APPL 6265/2011
Health Topics: Diet and nutrition, Health information, Health systems and financing, Poverty
Human Rights: Right to food, Right to life
Facts:

The issues presented in this case involved citizens living in poverty and the gaps in essential services provided by the government. The first issue was the availability of cash assistance to new mothers. The petitioners alleged that, per past orders of the Supreme Court, benefits should be made available to them under both the National …Read more

Tags: Advertising, Awareness, Budget, Food, Health expenditures, Health funding, Health spending, Hunger, Indigent, Low income, Poor, Starvation, Underprivileged
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Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors

Country: India
Year: 2010
Court: High Court - Delhi
Citation: [2010] INDLHC 2983
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to food, Right to health, Right to life
Facts:

This case deals with two petitions, Laxmi Mandal v. Deen Dayal Hari Nagar Hospital and Jaitun v. Maternity Home, MCD, Jungpura. Shanti Devi, Laxmi Mandal’s (the Petitioner) sister, died shortly after giving birth to a premature baby. This was her sixth pregnancy. The previous pregnancy ended in miscarriage. Shanti Devi was not provided with any …Read more

Tags: Children, Family planning, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Minor, Public hospitals
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Payel Sarkar v. Central Board of Secondary Education and Ors

Country: India
Year: 2010
Court: High Court of Calcutta
Citation: AIR 2010 Calcutta 74
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Mental health
Facts:

The Petitioner, a student, was not allowed to sit for the All India Senior School Certificate Examination because of frequent absences from school. The Court accepted that her poor attendance record was attributable to a “special learning disability.” A provision in the school by-laws allowed for exemptions from school attendance policies for blind, physically handicapped …Read more

Tags: Blind, Child development, Children, Disabled, Examination, Handicapped, Health care professionals, Health care workers, Physically challenged, Psychiatry
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Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to health
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
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Suchita Srivastava v. Chandigarh Administration

Country: India
Year: 2009
Court: Supreme Court
Citation: (2009) 14 SCR 989
Health Topics: Informed consent, Mental health, Poverty, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The matter pertained to a 19-20 year old, “mentally retarded”, woman (the victim) whose mental capacity was that of a nine year old. She was living in a welfare institution (the Institution) established by the Chandigarh Administration, having previously lived in a government institute for mentally retarded children. She became pregnant while living in the …Read more

Tags: Abortion, Forced abortion, Mental retardation, Non-consensual testing and treatment, Rape
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A. Arul v. State of Tamil Nadu

Country: India
Year: 2009
Court: High Court - Madras
Citation: Writ Petition No.496 OF 2005
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

A. Arul, the Petitioner, was a government employee who incurred medical expenses as a result of surgery for his wife. The Petitioner had previously contributed to the Government Employees Health Fund, which was set up to extend grants to remedies not available in the government hospital. The State of Tamil Nadu and others Respondents, failed …Read more

Tags: Access to treatment, Private hospitals, Public hospitals, Reimbursement
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Naz Foundation v. Government of NCT of Delhi, et al.

Country: India
Year: 2009
Court: High Court - Delhi
Citation: (2009) DLT 27
Health Topics: HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Overruled by Suresh Kumar Koushal and Anor. v. Naz Foundation and Ors. Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of …Read more

Tags: Condoms, Criminalization, Gay, Gender identity, Homosexual, Injecting drug users, Lesbian, LGBTI, Queer, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs
Download Judgment: English

K.K. Kharbanda v. Union of India and Ors

Country: India
Year: 2009
Court: High Court - Delhi
Citation: [2009] INDLHC 940
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

Tags: Access to treatment, Cancer, Health care technology, Private hospitals, Reimbursement, Secondary care, Tertiary care
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All India Lawyers Union v. Government of NCT of Delhi and Others

Country: India
Year: 2009
Court: High Court - Delhi
Citation: WP(C) No.5410/199
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life
Facts:

In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

Tags: Access to health care, Health facilities, Health funding, Health spending, Indigent, Low income, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Secondary care, Subsidies, Underprivileged
Download Judgment: English

Veena Bhatia v. Department of Telecommunication, et al.

Country: India
Year: 2009
Court: Central Administrative Tribunal - Delhi
Citation: T.A. No.606/2009
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Facts:

Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more

Tags: Access to healthcare, Caesarian, Childbirth, Emergency care, Health expenditures, Health funding, Health spending, Maternal health, Pregnancy, Reimbursement
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Smt. Mala Banerjee v. State of West Bengal and Ors

Country: India
Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Tags: Alcohol
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Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
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Sh. Balram Sharma v. Union of India

Country: India
Year: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

Tags: Access to treatment, Diagnostics, Emergency care, Health insurance, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Novartis AG v. Union of India

Country: India
Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

Tags: Access to drugs, Access to medicines, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, TRIPS
Download Judgment: English

Social Jurist v. Government of NCT of Delhi and Ors

Country: India
Year: 2007
Court: High Court - Delhi
Citation: 140 (2007) DLT 698
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Delhi Development Authority (DDA) and the Land and Development Office (L&DO) allocated land to some hospitals in the city of Delhi at rates which were much lower than the market value of the land (concessional rate) but with some conditions. Hospitals which were being awarded land at concessional rates were to provide free treatment …Read more

Tags: Poor, Public hospitals
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M. Chinnaiyan v. Sri Gokulam Hospital and another

Country: India
Year: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

Tags: Blood transfusion, Duty of care, Examination, Negligence, Patient choice, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

K. Mani v. Secretary of Government

Country: India
Year: 2007
Court: High Court - Madras
Citation: 2007 (3) MLJ 34
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The petitioner, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English
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