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46 judgments found.


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

Asociación Civil para la Defensa en Ámbito Federal e Internacional de Derechos v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados

Country: Argentina
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: CSJ 000721/2007(43-A)/CS1
Health Topics: Aging, Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to development, Right to health, Right to life, Right to social security
Facts:

The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more

Tags: Access to treatment, Aging, Children, Disabled, Health insurance, Health regulation, Mental illness, Minor, Poor, Right to Health, Right to Life, Right to social security, Social security
Download Judgment: Spanish

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

Giorgini v. Italy

Country: Italy
Year: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more

Tags: Aged persons, Degrading treatment, Detainee, Detention, Elderly, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Older persons, Prison conditions
Download Judgment: English

Rosemary Namubiru v. Uganda

Country: Uganda
Year: 2014
Court: High Court
Citation: HCT-00-CR-CN---0050-2014
Health Topics: Aging, Child and adolescent health, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice
Facts:

Appellant Rosemary Namubiru was charged with and convicted of committing a negligent act likely to spread infection of disease, contrary to Section 171 of Uganda’s Penal Code Act. Appellant worked as a nurse at Victoria Clinic, a public hospital in Kampala. On 7 January 2013, appellant began intravenous administration of antibiotics to two-year-old Mathew Mushabe. …Read more

Tags: Aged persons, Duty of care, Elderly, Infant health; Pediatric health; Minor, Negligence; Standard of care; Health care workers; Health care professionals, Older persons, Public hospitals; HIV; HIV positive; Transmission; Hepatitis
Download Judgment: English

Mollanco, Marta Ofelia et al. v. Unión Personal

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 1196. XLVII
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance “Unión Personal” to reestablish her as an retired affiliate of the health insurance based on article 10.h of Law 23.660. She had been a beneficiary during 20 years for being the spouse of the main affiliate. When her …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Aging, Elderly, Health insurance, Health regulation, Right to social security, Social security
Download Judgment: Spanish

R., S. E. v. Provincia Servicios de Salud S.A.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 9. XLIX
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiff, a woman that suffered a hemorrhagic stroke that left her in a coma since 1999, filed a suit against the Provincia Servicios de Salud S.A for breach of contract. The plaintiff signed a contract with the respondent called “Plan Verde” [Green Plan]that stated that in case of hospitalization and surgery hospitalization, the insurance …Read more

Tags: Access to health care, Access to treatment, Disabilities, Disabled, Health care professionals, Health funding, Mental disability, Social security
Download Judgment: Spanish

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

Gatica, María Emilia v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados [PAMI]

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: G. 588. XLVI.
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados – PAMI] in the First Instance Court which admitted the suit and ordered the respondent to pay monthly for the coverage of an domiciliary …Read more

Tags: Aged persons, Aging, Disabled, Health care, Health systems and financing, Poor, public health
Download Judgment: Spanish

Fyodorov and Fyodorova v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 39229/03
Health Topics: Aging, Informed consent, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more

Tags: Aged persons, Assault, Compulsory commitment, Compulsory confinement, Compulsory examination, Cruel treatment, Degrading treatment, Elderly, Forced examination, Health care professionals, Humiliating treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Law enforcement, Mandatory confinement, Mandatory examination, Mental disorder, Mental illness, Older persons, Patient choice, Police, Psychiatry, Psychology, Senior citizens
Download Judgment: English Russian

Case D-358/2009

Country: Belarus
Year: 2011
Court: Constitutional Court
Health Topics: Aging, Disabilities, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to education, Right to favorable working conditions, Right to food, Right to health, Right to housing, Right to social security, Right to work
Facts:

Exercising its obligatory preliminary control powers, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus on Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Social Protection of the Disabled People (the Law). The law made amendments and additions to previous …Read more

Tags: Aged persons, Disabled, Elderly, Handicapped, Health funding, Informed choice, Long-term care, Non-consensual testing and treatment, Older persons, Patient choice, Physically challenged, Senior citizens, Social security
Download Judgment: English Belarusian

Orsini, Olga v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 57. XLV.
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff brought the case to the National First Instance Civil Court [Juzgado Nacional en lo Civil N° 44 de la Capital] against the National Institution for Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados (PAMI)]; Clinics, Sanatorium, Hospitals and Other Establishments Federation of the Province of Buenos Aires [Federación …Read more

Tags: Access to health care, Access to treatment, Aging, Chronic and noncommunicable diseases, Health insurance, Social security
Download Judgment: Spanish

Case 857/B/2005 AB

Country: Hungary
Year: 2010
Court: Constitutional Court
Health Topics: Aging, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

Petitioner sought a declaration that a certain provision of a government decree regulating minimum pension amounts was unconstitutional because it (a) regulated a fundamental right which could only be done by statute and (b) provided a social security benefit too low to maintain human dignity, which was guaranteed by the Constitution.

Tags: Aged persons, Budget, Elderly, Health funding, Health insurance, Health regulation, Health spending, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Case 95

Country: Romania
Year: 2010
Court: National Council for Combating Discrimination
Citation: Decision No. 95 of 9 June 2010
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The petitioner, the National Council for Combating Discrimination, alleged that Order No. 1352/2009 (the” challenged order”) issued by the Ministry of Health, the defendant, violated the paragraph 1 of Article 1 and Article 10, pt (b) of Governmental Ordinance No. 137/2000, which prevented and sanctioned all forms of discrimination. The petitioner claimed that the challenged …Read more

Tags: Access to health care, Aged persons, Elderly, Health funding, Health regulation, Older persons, Out-of-pocket expenditures, Senior citizens, Social security
Download Judgment: English

Giuliani, Celia v. Dincros S.A.

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 221. XLVI. COM
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Facts:

The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company …Read more

Tags: Access to health care, Aged persons, Health funding, Health insurance, Social security
Download Judgment: Spanish

Khrapunskiy v. Doar

Country: United States
Year: 2009
Court: New York Court of Appeals
Citation: 12 N.Y.3d 478 (2009)
Health Topics: Aging, Disabilities, Health systems and financing
Human Rights: Freedom from discrimination, Right to social security
Facts:

The Plaintiffs, aged, blind or disabled persons and legal resident aliens of New York State, brought these proceedings against the Commissioner of the New York State Office of Temporary and Disability Assistance (OTDA) after they became ineligible for Supplementary Security Income (SSI) from the federal government and Additional State Payments (ASP) provided by the State. …Read more

Tags: Aged persons, Blind, Disabled, Elderly, Handicapped, Older persons, Physically challenged, Senior citizens, Social security, Subsidies
Download Judgment: English

Case C-727/09

Country: Colombia
Year: 2009
Court: Colombian Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Plena octubre 14, 2009, M.P.: María Victoria Calle Correa, Sentencia C-727/09 (Colom.).
Health Topics: Aging, Health care and health services, Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to health, Right to social security
Facts:

Petitioner Hernán Antonio Barrero Bravo brought action challenging the constitutionality of Law 860 (Reform of the Social Security System law), alleging its violation of articles 48 (principle of progressive realization), 49 (principle of non-retrogression of social rights) and 53 (principle of non-retrogression in the protection given by the previous law) of the Constitution in changing …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Health expenditures, Health insurance, Health regulation, Long-term care, Older persons, Senior citizens, Social security
Download Judgment: Spanish

Case 0012-09-SIS-CC, Case 0007-09-IS

Country: Ecuador
Year: 2009
Court: Constitutional Court [Corte Constitutcional]
Citation: Corte Constitucional Judgment N. 0012-09-SIS-CC, Case No. 0007-09-IS, October 8, 2009.
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to social security
Facts:

This case addressed an individual’s right to health care and reimbursement for health services from the National Social Security Institute (Instituto Ecuatoriano de Seguridad Social, IESS) as a type of retirement benefit.  The action was specifically filed against Econ. Fernando Guijarro Cabezas, General Director of IESS. This case was filed against Ecuador’s Social Security Institute …Read more

Tags: Access to health care, Aged persons, Emergency care, Health insurance, Older persons, Public hospitals, Reimbursement, Senior citizens, Social security
Download Judgment: English Spanish

R., A. s/ Internación

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 938. XLIV
Health Topics: Aging, Health systems and financing, Mental health, Poverty
Human Rights: Right to due process/fair trial, Right to health, Right to life
Facts:

In order to control the involuntary confinement of the plaintiff because she suffered from Schizophrenia in the mental institution ‘Hospital “Braulio A. Moyano”‘ in the City of Buenos Aires since May 1992, a procedure took place in the National First Instance Civil Court n°9 [Juzgado Nacional de Primera Instancia en lo Civil n°9] in June …Read more

Tags: Involuntary confinement Mental disorder, Mental disability, Mental illness, Mental institution, Mental institution Schizophrenia, Right to Fair Trial
Download Judgment: Spanish

Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
Download Judgment: English Armenian Bulgarian French

Walter Obodzinsky, et al. v. Canada

Country: Canada
Year: 2007
Court: United Nations Human Rights Committee
Citation: Communication No. 1124/2002, U.N. Doc. CCPR/C/89/D/1124/2002 (2007)
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to acquire nationality, Right to due process/fair trial, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The author, an elderly Canadian national in poor health, alleged that citizenship revocation proceedings against him violated his rights under articles 6, 7, 9, 14, and 17 of the International Covenant on Civil and Political Rights (the “Covenant”). The author was a Polish national who came to Canada in 1946 under a government order where …Read more

Tags: Aged persons, Cruel treatment, Degrading treatment, Elderly, Heart disease, Humiliating treatment, Immigration, Inhuman treatment, Older persons, Senior citizens, Torture
Download Judgment: English French Spanish

YL v. Birmingham City Council and Ors.

Country: United Kingdom
Year: 2007
Court: House of Lords
Citation: [2007] UKHL 27
Health Topics: Aging, Health care and health services, Hospitals, Mental health, Poverty
Human Rights: Right to social security
Facts:

YL was an 84-year old woman suffering from Alzheimer’s disease, who was entitled to free accommodation provided by the Birmingham City Council under s 21 of the National Assistance Act 1948 (the 1948 Act). The council, with the power given to it by s 26 of the same Act, contracted a private health service provider …Read more

Tags: Access to health care, Access to treatment, Aged persons, Elderly, Indigent, Mental disability, Mental disorder, Mental illness, Older persons, Poor, Private hospitals, Public hospitals, Senior citizens
Download Judgment: English

A.B. Colaco v. Coffee Board

Country: India
Year: 2006
Court: High Court - Karnataka
Citation: Writ Petition No.39031 of 2003 (S-R)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more

Tags: Access to treatment, Aged persons, Elderly, Older persons, Primary care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Case 529-2006

Country: Chile
Year: 2006
Court: Court of Appeals (Rancagua)
Citation: Corte de Apelaciones [C. Apel.][Court of Appeals], 20 junio 2006, Rol de causa: 529-2006, divorcio (Chile).
Health Topics: Aging, Chronic and noncommunicable diseases
Human Rights: Right to family life, Right to work
Facts:

Plaintiff, a 61-year old woman afflicted with colon cancer, filed a counterclaim to her husband’s divorce petition, seeking compensation. The Trial judge had considered compensation for divorce a matter of welfare and had thus provided for a very small amount of reparation damages, taking into consideration only the plaintiff’s immediate needs and the defendant’s economic …Read more

Tags: Aged persons, Cancer, Compensation, Elderly, Non-communicable diseases, Older persons, Senior citizens
Download Judgment: English Spanish

Reynoso, Nilda Noemí v. I.N.S.S.J.P.

Country: Argentina
Year: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more

Tags: Access to medicines, Access to treatment, Aged persons, Diabetes, Elderly, Emergency care, Essential medicines, Health funding, Health insurance, Incapacity, Incompetence, Indigent, Insanity, Low income, Mental competence, Older persons, Poor, Senior citizens, Social security, Underprivileged
Download Judgment: English Spanish

Yakye Axa Indigenous Community of the Enxet-Lengua People v. Paraguay

Country: Paraguay
Year: 2005
Court: Inter-American Court of Human Rights
Citation: Series C No. 125, June 17, 2005
Health Topics: Aging, Child and adolescent health, Diet and nutrition, Health care and health services, Poverty
Human Rights: Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to food, Right to health, Right to housing, Right to life, Right to property, Right to water and sanitation, Rights to the benefits of culture
Facts:

Petitioners, leaders of the Yakye Axa indigenous community of the Enxet-Lengua people, filed suit against the Republic of Paraguay alleging violations articles 4 (right to life) and 25 (right to judicial Protection) of the American Convention on Human Rights (the Convention). They further alleged that Paraguay ignored article 27 of the International Covenant on Civil …Read more

Tags: Access to health care, Access to treatment, Aged persons, Child development, Children, Clean water, Diet, Drinking water, Elderly, Food shortages, Hunger, Indigenous groups, Indigenous medicine, Indigent, Low income, Malnutrition, Minor, Older persons, Pediatric health, Poor, Potable water, Primary care, Safe drinking water, Senior citizens, Starvation, Stunting, Underprivileged
Download Judgment: English Spanish

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

N.V. v. LLC “… Hospital”

Country: Georgia
Year: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Tags: Aged persons, Compensation, Damages, Disabled, Duty of care, Handicapped, Inadequate treatment, Negligence, Older persons, Physically challenged, Public hospitals, Remedies, Standard of care
Download Judgment: English Georgian

FEI NIU Philip v. Maxima Resources Corporation & Ors

Country: Samoa
Year: 2005
Court: Supreme Court
Citation: [2005] 5 LRC 788
Health Topics: Aging
Human Rights: Right to due process/fair trial
Facts:

M, the first defendant in a civil suit, sought an order by way of interlocutory application that the oral evidence of the third defendant, P, and her daughter, J,  be given by video link from Taipei, Taiwan, rather than by travelling to Samoa. P’s evidence was crucial to the determination as to who was the …Read more

Tags: Aged persons, Elderly, Older persons, Senior citizens
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In the matter of Article 26 of the Constitution and the Health (Amendment) (No.2) Bill 2004

Country: Ireland
Year: 2005
Court: Supreme Court of Ireland
Citation: [2005] I.E.S.C. 7 (Ir.)
Health Topics: Aging, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Clinics, Elderly, Health expenditures, Health facilities, Health funding, Older persons, Public hospitals, Senior citizens, Social security
Download Judgment: English