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181 judgments found.


The Queen (on the application of IM and MM) v. Human Fertilisation and Embryology Authority

Country: United Kingdom
Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics: Chronic and noncommunicable diseases, Informed consent, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more

Tags: Assisted reproductive technology, Cancer, Fertility, In utero fertilization, In vitro fertilization, Informed choice, Patient choice
Download Judgment: English

L.N. & 21 Others v. Ministry of Health, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 218 of 2013
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The Petitioners suffered from renal failure and required frequent renal dialysis treatments. Kenyatta National Hospital did not have an adequate number of machines to serve Petitioners’ needs, and would often choose to treat in-patients before Petitioners. Furthermore, the National Hospital Insurance Fund would not reimburse Petitioners for treatments sought at private hospitals. Petitioners brought suit …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health spending, Kidney disease, Long-term care, Low income, Noncommunicable diseases, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

Stransham-Ford v. Minister of Justice and Correctional Services, et al.

Country: South Africa
Year: 2015
Court: High Court, North Gauteng
Citation: [2015] ZAGPHC, 27401/15
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more

Tags: Cancer, Informed choice, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

Carter v. Canada (Attorney General)

Country: Canada
Year: 2015
Court: Supreme Court
Citation: 2015 SCC 5
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

Tags: Cancer, Counseling, Disabled, Informed choice, Leukemia, Neurological diseases, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

Cameron Mathieson, a deceased child (by his father Craig Mathieson) v. Secretary of State for Work and Pensions

Country: United Kingdom
Year: 2015
Court: United Kingdom Supreme Court
Citation: [2015] UKSC 47; UKSC 2014/0166
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to social security
Facts:

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

Tags: Budget, Child development, Child mortality, Children, Differently abled, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Infant health, Infant mortality, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Physically challenged, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English

Looney v. Moore

Country: United States
Year: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
Facts:

The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more

Tags: Child mortality, Children, Clinical trials, Inadequate treatment, Infant health, Infant mortality, Informed choice, Negligence, Neurological diseases, Non-consensual testing and treatment, Standard of care, Unauthorized treatment
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

Bentley v. Maplewood Seniors Care Society

Country: Canada
Year: 2015
Court: Court of Appeal, British Columbia
Citation: 2015 BCCA 91
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health
Facts:

Mrs. Bentley was an 83-year-old woman suffering from Alzheimer’s Disease. Mrs. Bentley had not spoken since 2010 and did not recognize anyone. In 1991 she had signed a directive that expressed her desire to be allowed to die and not be kept alive by artificial means or heroic measures in case there was no reasonable …Read more

Tags: Aged Person, Diet, Elderly, Food, Health facilities, Incompetence, Long-term care, Mental competence, Neurological diseases, Patient choice, Unauthorized treatment
Download Judgment: English

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
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

S.C. v. Brazil

Country: Brazil
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 10/2013; U.N. Doc. CRPD/C/12/D/10/2013
Health Topics: Chronic and noncommunicable diseases, Disabilities
Human Rights: Freedom from discrimination, Right to work
Facts:

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

Tags: Disabled, Handicapped, Noncommunicable diseases, Physically challenged
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
Download Judgment: English

Brincat and Ors. v. Malta

Country: Malta
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to family life, Right to favorable working conditions, Right to life
Facts:

From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more

Tags: Asbestos, Cancer, Industrial hygiene, Noncommunicable diseases, Occupational health and safety, Pulmonary diseases, Respiratory diseases
Download Judgment: English

Hamilton Health Sciences Corp. v. D.H., et al.

Country: Canada
Year: 2014
Court: Ontario Court of Justice
Citation: 2014 ONCJ 603; 2015 ONCJ 229
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Medicines
Human Rights: Right to bodily integrity
Facts:

The applicant hospital sought a declaration that J.J., an 11-year-old girl, was a child in need of protection under the Child and Family Services Act (“CFSA”). J.J. was diagnosed with acute lymphoblastic leukemia (“ALL”). If treated with chemotherapy, J.J.’s physicians believed that she had a 90-95% chance of being cured. The physicians were not aware …Read more

Tags: Cancer, Children, Indigenous groups, Indigenous medicine, Leukemia, Minor, Pediatric health, Traditional medicine
Download Judgment: English

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
Download Judgment: English

Okwanda v. Minister of Health and Medical Services, et al.

Country: Kenya
Year: 2013
Court: High Court - Nairobi
Citation: Petition No. 94 of 2012
Health Topics: Aging, Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Poverty
Human Rights: Right to health, Right to housing, Right to social security, Right to water and sanitation
Facts:

Petitioner, an elderly retired person, was diagnosed with diabetes and Benign Hypertrophy (a life-threatening terminal disease). Petitioner claimed that that the cost of the medication was prohibitive and that he was in need of urgent medical attention. Petitioner sought assistance of the court to enforce his fundamental rights to the highest attainable standard of health …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Aged persons, Diabetes, Diet, Elderly, Food, Health spending, Hunger, Indigent, Low income, Malnutrition, Noncommunicable diseases, Older persons, Out-of-pocket expenditures, Poor, Senior citizens, Underprivileged
Download Judgment: English

Dlamini v. Rex

Country: Swaziland
Year: 2013
Court: Supreme Court
Citation: [2013] SZHC 2
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Prisons
Facts:

Appellants were appealing the denial of bail after being charged with armed robbery using firearms, attempted murder and violating a drug law. The first appellant contended that he suffered from pneumonia and frequent sinus problems that required high levels of ventilation and protection from colds, which would not be provided when in custody. Both appellants …Read more

Tags: Custody, Detainee, Detention, Health records, Medical records, Pneumonia, Prison conditions, Respiratory diseases
Download Judgment: English

Reeves v. The Queen

Country: Australia
Year: 2013
Court: High Court
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more

Tags: Cancer, Examination, Female genital mutilation, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Cipla Medpro Ltd. v. Aventis Pharma SA

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: Case No: 139/2012 and Case No: 138/2012; [2012] ZASCA 108
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more

Tags: Access to drugs, Cancer, Generic drugs, Health insurance, Intellectual property, Out-of-pocket expenditures, Patents
Download Judgment: English

Joyce Nawila Chiti v. Zambia

Country: Zambia
Year: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to education, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cancer, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Execution, Forced disappearance, Forced displacement, HIV, HIV positive, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Malnutrition, People living with HIV/AIDS, PLHIV, Police, Prison conditions, Refugees, Torture
Download Judgment: English

H.M. v. Sweden

Country: Sweden
Year: 2012
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 3/2011; U.N. Doc. CRPD/C/7/D/3/2011
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

The petitioner had a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS), due to which she could no longer leave her house nor could she be transported to the hospital because of the increased risk of injury. The only type of rehabilitation available to her was hydrotherapy via an indoor pool at her house. Accordingly, the …Read more

Tags: Access to healthcare, Access to treatment, Differently abled, Disabled, Handicapped, Neurological diseases, Noncommunicable diseases, Physically challenged
Download Judgment: English

Costa and Pavan v. Italy

Country: Italy
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more

Tags: Abortion, Assisted reproductive technology, Genetic disease, In vitro fertilization, Noncommunicable diseases, Termination of pregnancy
Download Judgment: English

Goginashvili v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Prison conditions
Download Judgment: English

Hristozov and Others v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Cancer, Clinical testing, Clinical trials, Drug quality, Drug safety, Experimental treatment, Informed choice, Non-communicable diseases, Patient choice, Tertiary care
Download Judgment: English

Mankayi v. AngloGold Ashanti Ltd.

Country: South Africa
Year: 2011
Court: Constitutional Court
Citation: [2011] ZACC 3; 2011 (5) BCLR 453 (CC) ; 2011 (3) SA 237 (CC) ; [2011] 6 BLLR 527 (CC) ; (2011) 32 ILJ 545 (CC)
Health Topics: Chronic and noncommunicable diseases, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to liberty and security of person, Right to social security, Right to work
Facts:

Mr Mankayi brought an action for delictual (tort) damages against AngloGold Ashanti Limited (AngloGold). While working as an underground mineworker between January 1979 and September 1995, Mr Mankayi claimed to have been exposed to harmful dusts and gases that led to his contracting tuberculosis and a chronic obstructive airway condition; these ailments rendered him unable …Read more

Tags: Employment, Lung disease, Noncommunicable diseases, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Respiratory diseases, TB, Tuberculosis, Workers' compensation
Download Judgment: English

Application of Justice Health, re a Patient

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 80 NSWLR 354; [2011] NSWSC 432
Health Topics: Chronic and noncommunicable diseases, Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to health
Facts:

An inmate in a correction centre (the “patient”) had end-stage lung cancer with, at best, weeks to live. The patient was incompetent to give consent or refuse any medical treatment and had no guardian who could provide substituted consent. The unanimous medical opinion was that further active treatment would be futile, and additional medical opinion …Read more

Tags: Cancer, Custody, Detainee, Detention, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Jocelyn Edwards

Country: Australia
Year: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Facts:

Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more

Tags: Assisted reproductive technology, Cancer, Clinics, Contraceptives, Fertility, In vitro fertilization, Infertility, Informed choice, Occupational accident, Public hospitals
Download Judgment: English

Brown v. Plata

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 1910 (2011)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Infectious diseases, Mental health, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

This case involved an appeal from a decision made by a three-judge court that was convened by the Federal District Court to decide the appropriate remedy for violations of the Eighth Amendment to the United States Constitution. The violations were the subject of two related Federal District Court cases in California: Coleman v. Brown (1990) …Read more

Tags: Access to health care, Access to treatment, Budget, Cleanliness, Cruel and unusual punishment, Custody, Depression, Detainee, Detention, Diabetes, Health care professionals, Health care workers, Health facilities, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Kidney disease, Mental disorder, Mental illness, Noncommunicable diseases, Prison conditions, Psychiatry, Psychology, Psychosis, Suicide, Waste
Download Judgment: English
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