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163 judgments found.


L.G v. Republic of Korea

Country: South Korea
Year: 2015
Court: Committee on the Elimination of Racial Discrimination
Citation: Communication No. 51/2012; U.N. Doc. CERD/C/86/D/51/2012
Health Topics: Controlled substances, HIV/AIDS, Informed consent
Human Rights: Freedom from discrimination, Right to work
Facts:

L.G, a New Zealand national, was employed as an English teacher in the Republic of Korea. She held an E-2 working visa for “native speaker conversation instructors.” Korea required all persons holding an E-2 working visa to undergo testing for HIV/AIDS and illegal drugs at a government hospital before they could register as alien residents …Read more

Tags: Compulsory testing, Drug use, HIV status, Involuntary testing, Mandatory testing, Non-consensual testing and treatment, People who use drugs
Download Judgment: English

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

Kings College Hospital NHS Foundation Trust v. C and V

Country: United Kingdom
Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne.  She made this decision shortly after undergoing  treatment for breast cancer and ending of a long term …Read more

Tags: Compulsory treatment, Degrading treatment, Forced treatment, Health care professionals, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Public hospitals, Suicide, Unauthorized treatment
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

Lambert and Ors. v. France

Country: France
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics: Health systems and financing, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to life
Facts:

The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more

Tags: Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Health regulation, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
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

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

A.K. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more

Tags: Childbirth, Maternal health, Medical records, Pregnancy, Testing
Download Judgment: English

Government of the Republic of Namibia v. LM, et al.

Country: Namibia
Year: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more

Tags: Abortion, Caesarean, Childbirth, Compulsory sterilization, Counseling, Emergency care, Forced sterilization, Health care professionals, Health care workers, Health education, Health records, HIV positive, HIV status, Informed choice, Mandatory sterilization, Medical records, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

L.H. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Confidentiality, Disclosure, Forced sterilization, Health records, Inappropriate treatment, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Medical records, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

Konovalova v. Russia

Country: Russia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to privacy
Facts:

Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more

Tags: Childbirth, Confidentiality, Cruel treatment, Degrading treatment, Disclosure, Health care professionals, Health facilities, Health records, Humiliating treatment, Inappropriate treatment, Informed choice, Maternal health, Medical records, Non-pecuniary damage, Notification, Patient choice, Pregnancy, Public hospitals
Download Judgment: English

Atudorei v. Romania

Country: Romania
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50131/08
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

Atudorei, a Romanian citizen, alleged that, from an early age, she has been subjected to continued physical and psychological abuse by her parents. The abuse had escalated after they discovered that she attended yoga classes organised by the Movement for Spiritual Integration into the Absolute (MISA), an organisation that was targeted by the police and …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English

Chief Executive of the Department of Corrections v. All Means All

Country: New Zealand
Year: 2014
Court: High Court
Citation: [2014] NZHC 1433
Health Topics: Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

In this case, the Chief Executive of the Department of Corrections (“Department”) and the Canterbury District Health Board (“DHB”) sought a declaration of their rights and duties when providing medical treatment to prisoners. Specifically, they wished to receive a declaration that they have a right to provide medical treatment by way of artificial hydration and …Read more

Tags: Compulsory treatment, Forced treatment, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

I.V. v. Bolivia (Merits)

Country: Bolivia
Year: 2014
Court: Inter-American Commission on Human Rights
Citation: Report No. 72/14, Case 12.655; Merits I.V. BOLIVIA; August 15, 2014
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

I.V. went to a hospital for a cesarean section and was sterilized by her doctor. She alleged that the only questions that the doctor had asked her before the procedure were where she had her first cesarean section and whether she had previously had an infection. I.V. maintained that she was not given any information …Read more

Tags: Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Health care professionals, Informed choice, Involuntary sterilization, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

XX v. WW and Middle South Area Mental Health Service

Country: Australia
Year: 2014
Court: Supreme Court of Victoria
Citation: [2014] VSC 564
Health Topics: Informed consent, Mental health
Human Rights: Right to liberty and security of person, Right to privacy
Facts:

XX, a mental health patient, had been detained and treated against her will at a treatment center under an Involuntary Treatment Order (“ITO”) in August 2013. The ITO was revoked by the Mental Health Review Board (“Board”). Following XX’s return to the ward, conversations with staff and an assessment by a psychiatric nurse, WW recommended …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Compulsory treatment, Forced treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Patient choice
Download Judgment: English

P.P. v. Health Service Executive

Country: Ireland
Year: 2014
Court: High Court of Ireland
Citation: [2014] IEHC 622
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The plaintiff, P.P., was the father of N.P., a pregnant woman who was admitted to the defendant hospital situated outside Dublin after experiencing severe headache and nausea. Two days later of being admitted, N.P. suffered a fall and was found unresponsive. She was later transferred to a Hospital in Dublin who advised the plaintiff that …Read more

Tags: Children, Compulsory treatment, Diagnostics, Examination, Experimental treatment, Forced treatment, Health care professionals, Health care workers, Health facilities, Inappropriate treatment, Infant health, Infant mortality, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Maternal mortality, Minor, Misdiagnosis, Non-consensual testing and treatment, Non-evidence based treatment, Patient choice, Pediatric health, Pregnancy, Public hospitals, Unauthorized treatment, Viability
Download Judgment: English

H v. Fetal Assessment Centre

Country: South Africa
Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more

Tags: Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Testing
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

Re SB

Country: United Kingdom
Year: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
Facts:

A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more

Tags: Abortion, Bipolar, Compulsory commitment, Compulsory confinement, Incapacity, Incompetence, Informed choice, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Paranoia, Patient choice, Psychiatry, Spousal consent, Suicide, Termination of pregnancy
Download Judgment: English

Case EAND/0895/02/13

Country: Armenia
Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more

Tags: Clinics, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Diagnostics, Forced examination, Forced treatment, Health care professionals, Health care workers, Health facilities, Incapacity, Incompetence, Insanity, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Public hospitals
Download Judgment: English Armenian

Lashin v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 33117/02; [2013] ECHR 63
Health Topics: Informed consent, Mental health
Human Rights: Right to family life, Right to liberty and security of person
Facts:

Lashin, a Russian citizen, was diagnosed with schizophrenia, given a 2nd degree disability status, and hospitalised multiple times. A hospital examination concluded that Lashin was incapable of understanding the meaning of his actions and unable to control them. Following an application by the public prosecutor, the District Court of Omsk declared Lashin legally incapacitated at …Read more

Tags: Compulsory commitment, Compulsory confinement, Involuntary commitment, Involuntary confinement Mental disorder, Mental illness, Mental institution Schizophrenia
Download Judgment: English

G.B. and R.B. v. The Republic of Moldova

Country: Moldova
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more

Tags: Caesarian, Childbirth, Compensation, Compulsory sterilization, Damages, Forced sterilization, Health care professionals, Health care workers, Health facilities, Involuntary sterilization, Negligence, Non-consensual testing and treatment, Non-pecuniary damages, Pregnancy, Public hospitals, Remedies, Sterilization, Tort, Unauthorized treatment
Download Judgment: English

Petukhova v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more

Tags: Compulsory examination, Forced examination, Informed consent, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory examination, Mental competence, Mental disorder, Mental health, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Senturk v. Turkey

Country: Turkey
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

Tags: Access to health care, Access to treatment, Duty of care, Emergency care, Inadequate treatment, Inappropriate treatment, Maternal mortality, Miscarriage, Negligence, Out-of-pocket expenditures, Patient choice, Pregnancy, Private hospitals, Standard of care
Download Judgment: English

Cuthbertson v. Rasouli

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 53
Health Topics: Informed consent
Human Rights: Right to bodily integrity
Facts:

Doctors Cuthbertson and Rubenfeld sought a declaration that the withdrawal of life support from a patient was not treatment requiring consent under the Health Care Consent Act (“HCCA”) where its continued provision is deemed futile. In 2010, following surgery to remove a benign brain tumor, Mr. Rasouli contracted an infection that caused severe brain damage. …Read more

Tags: Forced treatment, Health care professionals, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English French

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
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
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