A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Appellee was diagnosed with HIV in 1994. In 1996, he began a relationship with appellant, during which time he used condoms but did not inform appellant of his HIV-positive status. The condom broke on several occasions, and ultimately appellant became pregnant and HIV-positive, and when she gave birth to their daughter, the daughter also was …Read more

The appellant claimed to have been infected by the Hepatitis C virus (HCV) which the appellant received during his duties as dissection technician in the Forensic Anatomical Institute in Barcelona. He was diagnosed on July 4, 1997, took sick leave in August 19, 1999, and lodged a claim for financial liability of EUR 600,000, along …Read more

In 1982, a child was given aspirin in the hospital to fight against a respiratory disease with fever. Afterward, he developed Reye’s syndrome,  a kind of mental retardation. Attributing the disease to the administration of the aspirin, his parents brought a claim for financial liability from the Administration for a poor sanitary conditions. Their claim …Read more

Mercadona SA (the “employer”) sought review of a decision from the appellate court that declared the dismissal of Mr. Fernando (the “employee”) null and void and required the employer to re-employ the employee and pay back-wages from the date of dismissal. The employee was hired as a manager at one the employer’s facilities in March …Read more

An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more

A citizen appeared in the court of first instance, asking for judicial authorization to commit her uncle to a psychiatric hospital due to his mental disorders and alcoholism, in accordance with the first and second paragraphs of Article 763.1 of Law 1/2000 of the civil procedure code (“Art. 763.1”). The court of first instance remanded …Read more

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

The child of Mr. Florentino and Mrs. Mercedes, Jesus, was diagnosed with drug-resistant epilepsy after suffering reoccurring, frequent seizures since about two years of age, which persisted in spite of numerous drugs being tried to treat it in public hospitals. Finally, in 2003, when the child was about six years old, he had surgery in …Read more

Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more

The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …Read more

The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries.  When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more

The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more

Jose Pablo underwent surgery to correct his atlantoaxial luxation, a disorder that impairs rotation of the neck. He and his family believed that he was undergoing a simple and routine procedure, although this turned out not to be the case. Jose Pablo suffered quadriplegia as a result of the surgery, due to the misplacement of …Read more

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more

The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more

This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more

The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more

In 2002, Jose Maria was diagnosed with cancerous enlargements and was admitted to the Virgen de las Nievas Hospital, where he was treated with four cycles of chemotherapy and radiotherapy. One year later, he needed a surgery that public health services were unable to provide. As such, he went to the Teknon Clinic of Barcelona …Read more

The State’s Convergence of Unions of Physicians (SCUP) planned multiple strikes in 2003. Before these strikes, the Bureau of Economics and Treasury of the Community of Valencia issued a resolution that required the physicians to perform “minimal health services” in the hospital before they could strike. This resolution effectively required physicians to forego the strike …Read more

Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more

The applicant, a Spanish national, complained of noise disturbances at night bars, pubs and discotheques near her home in Valencia. An expert report confirmed that the noise levels were unacceptably high. The City Council designated her area an “acoustically saturated zone”, thereby imposing a ban on new noisy activities. Despite the ban, the City Council …Read more

In the summer of 2000, the appellant suffered an injury while walking in the subway. She went to the public Hospital Severo Ochoa in Leganés where she was erroneously diagnosed with a sprained ankle. She was treated and had three additional examinations but continued to feel pain even after various treatments. She then went to …Read more

The petitioner, a Canadian citizen, was arrested along with two acquaintances when the group attempted to enter Spain with large quantities of hashish concealed in their vehicle. The petitioner claimed to have no knowledge of the contraband, and his acquaintances also told police that he was innocent of any wrongdoing. Nevertheless, the examining magistrate incarcerated …Read more

Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more

The parents of a mentally-disabled woman requested that the court authorize the sterilization of their daughter.  According to the Article 428 of the Criminal Code made in accordance with Article 6 LO 3/89 of 21 June (the “challenged provision”), sterilization of a disabled person who suffered from serious psychological deficiency would not be unlawful if the …Read more

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more