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226 judgments found.


Mockute v. Lithuania

Country: Lithuania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 66490/09
Health Topics: Health care and health services, Health information, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom of religion, Right to privacy
Facts:

The applicant suffered from an acute paranoid reaction disorder. She was taken to the Kaunas Psychiatric Hospital by her parents and at their request in 1992; she continued her treatment at another psychiatric hospital. The applicant had joined a religious sect before her first treatment, and her parents stated that she had become disoriented after …Read more

Tags: Clinics, Compulsory commitment, Compulsory testing, Depression, Disclosure, Examination, Forced treatment, Health facilities, Health records, Informed choice, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental illness, Mental institution, Non-disclosure, Paranoia, Patient choice, Private hospitals, Psychiatry, Psychology, Public hospitals, Secrecy, Trauma, Unauthorized treatment
Download Judgment: English

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.

Country: Uganda
Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
Facts:

The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more

Tags: Awareness, Caesarean, Child mortality, Childbirth, Children, Clinics, Disclosure, Emergency care, Freedom of information, Health care technology, Health data, Health facilities, Infant health, Infant mortality, Maternal health, Medical records, Minor, Non-disclosure, Pediatric health, Pregnancy, Private hospitals, Public hospitals
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

Novruk and others v. Russia

Country: Russia
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
Health Topics: Health information, HIV/AIDS
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life
Facts:

The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more

Tags: AIDS, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Most-at-risk, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Vasileva v. Bulgaria

Country: Bulgaria
Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to health
Facts:

The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more

Tags: Access to health care, Access to treatment, Cancer, Diagnostics, Examination, Health care technology, Testing
Download Judgment: English

Burns v. Cline, Oklahoma Commissioner of Health

Country: United States
Year: 2016
Court: The Supreme Court of the State of Oklahoma
Citation: 2016 OK 99
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to privacy
Facts:

The plaintiffs challenges several sections under the Oklahoma Code stating that it imposed unreasonable restrictions on abortion providers and therefore was in violation of the Oklahoma constitution. Amongst the measure the plaintiffs challenged, one of the sections allowed warrantless searches of abortion clinics. Other sections imposed strict requirements such as preserving tissue in case the …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Childbirth, Clinics, Health care technology, Health facilities, Maternal health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Kenya Legal and Ethical Network on HIV and AIDS (KELIN) & Others v. Cabinet Secretary-Ministry of Health & Others

Country: Kenya
Year: 2016
Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Citation: Petition No. 250 of 2015 (2016)
Health Topics: Child and adolescent health, Health care and health services, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more

Tags: AIDS, Awareness, Children, Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Minor, Most-at-risk, Non-disclosure, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.

Country: United States
Year: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health facilities, Health records, Medical records, Notification
Download Judgment: English

AIDS Law Project v. Attorney General, et al.

Country: Kenya
Year: 2015
Court: High Court at Nairobi
Citation: Petition No. 97 of 2010
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Infectious diseases, Poverty, Public safety, Violence
Human Rights: Freedom from discrimination, Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

The Petitioner, AIDS Law Project, brought suit against the Government of Kenya, arguing that Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 (the Act) was unconstitutional. The Petitioner argued that Section 24 of the Act was vague and overbroad, and therefore unconstitutional. Section 24 imposed criminal sanctions upon …Read more

Download Judgment: English

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

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

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

Tags: Awareness, Children, Diet, Food, Health education, Health promotion, Malnutrition, Obesity
Download Judgment: English

Hopkins v. Kay

Country: Canada
Year: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records, Public hospitals
Download Judgment: English

Elberte v. Latvia

Country: Latvia
Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more

Tags: Awareness, Clinics, Disclosure, Emergency care, Examination, Health care technology, Health facilities, Health records, Medical records, Non-disclosure, Patient choice, Private hospitals, Public hospitals, Standard of care, Unauthorized treatment
Download Judgment: English French

McCullen v. Coakley

Country: United States
Year: 2014
Court: Supreme Court
Citation: 573 U.S. __ (2014)
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression
Facts:

The Commonwealth of Massachusetts amended its Reproductive Health Care Facilities Act (the “Act”), making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any abortion clinic. The Act exempted from this prohibition certain individuals, including “employees or agents of such facility acting within the scope …Read more

Tags: Abortion, Abortion counseling, Access to health care, Awareness, Clinics, Counseling, Health care professionals, Health care workers, Health facilities
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

Rhoades v. Iowa

Country: United States
Year: 2014
Court: Supreme Court of Iowa
Citation: No. 12-0180
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Rhoades was diagnosed with HIV in 1998 and began receiving treatment for the disease from the University of Iowa Hospitals and Clinics every three to six months beginning in 2005. In 2008, Rhoades was informed that his viral load was non-detectible. Later that year, he met A.P. on a social networking cite that listed Rhoades …Read more

Tags: Buggery, Condoms, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, Non-disclosure, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, Sodomy, STDs, STIs, Transmission
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

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
Download Judgment: English

Baby “A” (suing through her mother, E.A.), et al.v. Attorney General, et al.

Country: Kenya
Year: 2014
Court: High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
Citation: Petition No. 266 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to acquire nationality
Facts:

Baby A, was born with both male and female genitalia. The respondent, Kenyatta National Hospital issued E.A (the mother of Baby A) documents used in the process of carrying out genitogram tests, x-rays and scans of the Baby A in which the column indicating the child’s sex was filled in with a question mark. Baby …Read more

Tags: Child development, Children, Diagnostics, Examination, Health data, Infant health, Intersex, Minor, Parental consent, Pediatric health
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, Hospitals, 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: Abortion, Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Misdiagnosis, Negligence, Termination of pregnancy, Testing, Tort
Download Judgment: English

Adam, et al. v. Ledesma-Cadhit, et al.

Country: Canada
Year: 2014
Court: Ontario Superior Court of Justice
Citation: 2014 ONSC 5726
Health Topics: Child and adolescent health, Health information, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more

Tags: Advertising, Awareness, Child mortality, Children, Drug safety, Duty of care, Health promotion, Immunization, Influenza, Minor, Negligence, Notification, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English

Netcare Hospitals (Pty) Ltd v. KPMG Services (Pty) Ltd and Another

Country: South Africa
Year: 2014
Court: THE HIGH COURT OF SOUTH AFRICA - GAUTENG DIVISION, JOHANNESBURG
Citation: CASE NO: 47505/2013
Health Topics: Health information
Human Rights: Right of access to information
Facts:

Netcare approached the High Court in order to protect its confidential information from being disclosed by KPMG to the Competition Commission. The Commission had launched a market inquiry into the private health sector and had employed KPMG as a consultant for this purpose. Netcare alleged that KPMG had a conflict of interest because it was …Read more

Tags: access to information, Health information
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

Voluntary Health Association of Punjab v. Union of India

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

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

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Awareness, Clinics, Counseling, Diagnostics, Forced abortion, Health care professionals, Health care technology, Health care workers, Health data, Health education, Health facilities, Health promotion, Health records, Infant mortality, Maternal health, Medical records, Pregnancy, Sex-selective abortion, Termination of pregnancy, Testing, Unsafe abortion
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Peter Mule Muthungu (suing as administrator and Personal representative of thereafter Estate of Jane Mueningui) v. Kenyatta National Hospital

Country: Kenya
Year: 2013
Court: High Court at Nairobi
Citation: Civil Suit 364 of 2007
Health Topics: Health information, Medical malpractice
Human Rights: Right of access to information
Facts:

As the administrator of the deceased’s estate, the plaintiff sought the medical records of the deceased from the defendant hospital. The plaintiff had separately filed a medical negligence suit against the defendant. The plaintiff and his counsel determined that the hospital records, which related to the deceased’s treatment before death, were necessary for the negligence …Read more

Tags: Confidentiality, Duty of care, Freedom of information, Health data, Health records, Medical records, Negligence
Download Judgment: English
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