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662 judgments found.


Patient X v. College of Physicians and Surgeons of Nova Scotia

Country: Canada
Year: 2017
Court: Nova Scotia Court of Appeal
Citation: 2015 NSCA 41
Health Topics: Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant, Patient X,filed a complaint against a physician, Dr. Y, with the College of Physicians and Surgeons. She alleged that he inappropriately touched her breast and made racially inappropriate comments about her “black” lung capacity as compared to “white” lungs. The Investigation Committee dismissed the appellant’s complaint. The Committee’s written decision stated that there …Read more

Tags: Compensation, Damages, Depression, Duty of care, Examination, Health care professionals, Inappropriate treatment, Remedies, Standard of care, Trauma
Download Judgment: English

Pellett (Re)

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 753
Health Topics: Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Community-based care, Compulsory treatment, Harm reduction, Informed choice, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Patient choice, Pharmaceuticals, Psychiatry, Psychosis, Psychotropic drugs, Schizophrenia
Download Judgment: English

Nelson v. Livermore

Country: Canada
Year: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Health systems and financing, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Compulsory treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Forced treatment, Health regulation, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Molestation, Psychiatry, Psychology, Psychosis, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Threat of violence, Violence against women
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

Country: South Africa
Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Damages, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Neurological diseases, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

Tags: Access to health care, Child development, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Standard of care
Download Judgment: English

Preez v. Pretorius

Country: South Africa
Year: 2017
Court: Supreme Court of Appeal of South Africa
Citation: [2017] ZASCA 133
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

The Appellant was diagnosed with testicular cancer and his left testicle was surgically removed. He did not like the oncologist who was refered by the surgeon and decided to go for alternative therapies. The respondent practised alternative therapies and treated the appellant for more than a year. The Appellant went back to conventional treatment and …Read more

Tags: Compensation, Damages, Duty of care, Inadequate treatment, Negligence, Standard of care
Download Judgment: English

Caleb Orozco v. Attorney General of Belize

Country: Belize
Year: 2016
Court: Supreme Court of Belize
Citation: Claim 668 of 2010
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Mental health, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of expression, Right to health, Right to privacy
Facts:

The Claimant, Caleb Orozco, a citizen of Belize was a homosexual male and a health educator. In the Supreme Court of Belize, he challenged the constitutional validity of Section 53 of the Belize Criminal Code to the extent that it criminalized anal sex between two consenting male adults. Section 53 of the Criminal Code stated …Read more

Tags: Access to health care, Access to treatment, AIDS, Assault, Buggery, Bullying, Counselling, Depression, Diagnostics, Gay, Hazing, HIV, HIV positive, HIV status, Homosexual, Lesbian, LGBTI, Molestation, Most-at-risk, Non-disclosure, People living with HIV/ AIDS, PLHIV, Queer, Rape, Secrecy, Sexual abuse, Sexual assault, Sexual harassment, Sexual orientation, Sexual violence, Sexually transmitted diseases, Sodomy, STDs, STIs, Transmission, Trauma
Download Judgment: English

Somner v. The Queen and Tucker v. Miller

Country:
Year: 2016
Court: Supreme Court of Bermuda
Citation: [2016] SC (Bda) 81 App
Health Topics: Controlled substances, Health care and health services
Human Rights: Right to due process/fair trial
Facts:

These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more

Tags: Access to treatment, Addiction, Alcohol, Drug abuse, Drug enforcement, Drug use, Law enforcement, People who use drugs, Rehabilitation, Substance abuse
Download Judgment: English

Case of Dubská and Krejzová v. The Czech Republic

Country: Czech Republic
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 28859/11 and 28473/12
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Facts:

Ms. Šárka Dubská and Ms. Alexandra Krejzová brought an action against the Czech Republic, claiming that Czech legislation violated the right to private life provided by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by effectively prohibiting health professionals, including midwifes, from assisting in home births. Czech legislation required …Read more

Tags: Access to health care, Childbirth, Health regulation, Maternal health, Midwifery, Pregnancy
Download Judgment: English

Hickox v. Christie

Country: United States
Year: 2016
Court: United States District Court, D. New Jersey.
Citation: 205 F. Supp. 3d 579 (D. N.J. 2016)
Health Topics: Disasters and emergencies, Health care and health services, Infectious diseases, Public safety
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The plaintiff, Kaci Hickox, brought a civil rights action against Governor Christie and state public health officials, alleging that her 80-hour quarantine, upon returning to the United States after caring for Ebola patients in West Africa, violated her rights under the Fourth and Fourteenth Amendments. Prior to the plaintiff’s return to the United States, a …Read more

Tags: Detention, Humanitarian crisis
Download Judgment: English

Mambu v The Democratic Republic of the Congo

Country: Congo, DRC
Year: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Facts:

Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more

Tags: Abuse, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Pane v. The Member of Executive Council for Health

Country: South Africa
Year: 2016
Court: High Court of South Africa, Free State Division, Bloemfontein
Citation: Case No. 131/2013
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The appellant suffered an incomplete miscarriage and was admitted into the Manapo Hospital on the same day. A uterine evacuation was conducted. She alleges that she was discharged despite constant pain and swelling in her abdomen. She was given antibiotics and was instructed to come back for a check-up if she does not feel better. …Read more

Tags: Access to treatment, Clinics, Duty of care, Health facilities, Negligence, Patient choice, Public hospitals, Remedies, Standard of care
Download Judgment: English

Links v. Member of the Executive Council, Northern Cape Province

Country: South Africa
Year: 2016
Court: The Constitutional Court of South Africa
Citation: [2016] ZACC 10
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

The applicant worked as a cleaner and dislocated his left thumb. He went to Kimberlery Hospital for medical treatment and he was sent home after a plaster of paris case was put on his left hand and forearm and was asked to come after 10 days. He returned to the hospital before the stipulated time …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Negligence, Patient choice, Public hospitals, Remedies, Standard of care
Download Judgment: English

Madida v. Member of the Executive Council, Province of Kwa-Zulu-Natal

Country: South Africa
Year: 2016
Court: The High Court of South Africa, Kwazulu- Natal Division
Citation: Case No. 14275/2014
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more

Tags: Child development, Childbirth, Duty of care, Health facilities, Inadequate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Remedies, Standard of care
Download Judgment: English

King, et al. v. Burwell

Country: United States
Year: 2015
Court: Supreme Court
Citation: 576 U.S. ___ (2015)
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to social security
Facts:

The Patient Protection and Affordable Care Act (“the Act”) advanced three key reforms to the U.S. health insurance market. First, it instituted insurance market regulations barring insurers from denying coverage or charging higher premiums to any individual based on health status. Second, it enacted a coverage mandate, requiring individuals to have health insurance or pay …Read more

Tags: Access to health care, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Reimbursement, Subsidies
Download Judgment: English

Planned Parenthood of the Heartland, et al. v. Iowa Board of Medicine

Country: United States
Year: 2015
Court: Iowa Supreme Court
Citation: 865 N.W.2d 252 (Iowa 2015)
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

This case challenged rules adopted by the Iowa Board of Medicine (“Board”) regarding medicated abortions provided via telemedicine. Starting in 2008, doctors in Iowa at Planned Parenthood began performing abortions via telemedicine. The abortions were performed using mifepristone, a drug that that can be taken orally that terminates a pregnancy, and misoprostol, another oral drug …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Access to medicines, Access to treatment, Health care professionals, Health care technology, Health care workers, Maternal health, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Allen v. Alberta

Country: Canada
Year: 2015
Court: Alberta Court of Appeal
Citation: 2015 ABCA 277
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to liberty and security of person, Right to life
Facts:

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Subsidies, Tertiary care
Download Judgment: English

In the Matter of the Law on Termination of Pregnancy in Northern Ireland

Country: United Kingdom
Year: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Disabled, Family planning, Health regulation, Infant health, Infant mortality, Informed choice, Late-term abortion, Maternal health, Maternal mortality, Patient choice, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English

Planned Parenthood of the Great Northwest v. Streur, et al.

Country: United States
Year: 2015
Court: Superior Court for the State of Alaska
Citation: No. 3AN-14-04711 CI (Alaska Super. 2015)
Health Topics: Health care and health services, Health systems and financing, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination
Facts:

The case concerned an Alaskan regulation that restricted low-income women from accessing medically necessary abortion care under Medicaid, in particular over the definition of “medically necessary” abortions. The Department of Health and Social Services (DHSS) had funded such abortions after a 2001ruling from the Supreme Court of Alaska struck down a regulation that restricted state-funded …Read more

Tags: Abortion, Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Poor, Subsidies, Termination of pregnancy, Therapeutic abortion, Underprivileged
Download Judgment: English

Case C‐528/13

Country: France
Year: 2015
Court: European Court of Justice
Citation: Case C‐528/13 Geoffrey Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes, Établissement français du sang
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The case concerned whether France could permanently defer men who have had sex with another man from blood donation. Mr. Léger went to a collection center to donate blood, but his blood donation was refused on the ground that he had had sexual intercourse with another man. The decision was based on a French decree …Read more

Tags: Blood transfusion, HIV/AIDS, Infectious diseases, Public safety
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

Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
Facts:

The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more

Tags: Access to health care, Budget, Caesarean, Childbirth, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Health expenditures, Health funding, Health spending, Humiliating treatment, Indigent, Inhuman treatment, Low income, Maternal health, Out-of-pocket expenditures, Poor, Pregnancy, Public hospitals, Subsidies, Underprivileged
Download Judgment: English

Centre for Health, Human Rights and Development (CEHURD) & 3 Others v. Attorney General

Country: Uganda
Year: 2015
Court: Supreme Court
Citation: Constitutional Appeal No. 1 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

This case was filed by the families of two women who died during childbirth and the Centre for Health, Human Rights and Development (CEHURD). They argued that inadequate resources for maternal health violated the right to health under Objectives XIV (b) XX, XV and Article 8A of the Ugandan Constitution, the right to life under …Read more

Tags: Access to health care, Access to treatment, Budget, Childbirth, Clinics, Emergency care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health regulation, Health spending, Indigent, Infant health, Infant mortality, Low income, Maternal health, Maternal mortality, Midwifery, Poor, Pregnancy, Public hospitals, Underprivileged
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

Federation of Women Lawyers (FIDA-Kenya) & 3 Ors. v. Attorney General & 2 Ors.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 266 of 2015
Health Topics: Health care and health services, Medicines, Sexual and reproductive health
Facts:

The Director of Medical Services issued a letter on December 3, 2013 and a memo on February 24, 2014 to “All Health Workers” that directed them not to participate in training on safe abortion practice and threatened legal action for non-compliance. The Federation of Women Lawyers filed suit, stating that the letter and memo had …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to healthcare, Access to medicines, Access to treatment, Assisted reproductive technology, Maternal health, Maternal mortality, Pregnancy, Termination of pregnancy, Therapeutic abortion, Unsafe abortion
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

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

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

D.N v. The MEC for Health, Gauteng

Country: South Africa
Year: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Children, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Psychology, Public hospitals, Remedies, Standard of care, Trauma
Download Judgment: English

M., R.R. v. Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more

Tags: Access to treatment, Caesarian, Clinics, Duty of care, Health facilities, Negligence, Neurological diseases, Patient choice, Remedies, Standard of care
Download Judgment: English
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