Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993.  He opened a private practice …Read more

The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more

The lower court referred to the Constitutional Court a question as to the constitutionality of certain provisions regarding the obligatory health care and compensation insurance;  the challenged provisions treated equally those pharmaceutical companies which were producing drugs of human origin and those pharmaceutical companies which were producing drugs chemically prepared or by recombination. The claimant, …Read more

This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more

T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more

The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more

The Province of British Columbia (BC) passed the Tobacco Damages and Health Care Costs Recovery Act (the “Act”) to allow the government to sue tobacco manufacturers for the costs of providing health care to individuals exposed to tobacco products. Under the Act a given manufacturer could be held liable for a proportion of provincial health …Read more

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

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) with the Federal First Instance Court against the Province of Buenos Aires and the State for them to provide comprehensive coverage for her sclerosis multiple treatment because she didn’t have the economic resources to afford the medicine. The State provided her 3 boxes …Read more

Seven writ petitions were filed by members of the Higher Judicial Service and subordinate judiciary of the Andhra Pradesh High Court. The Court, however, for the sake of brevity, referred only to the facts of Writ Petition No. 21304 of 2001. The Petitioner, M Ramabhadra Rao, was a retired District Judge governed by the A. …Read more

Milap Singh, the Petitioner, underwent an emergency heart bypass surgery at Escorts Heart Institute and Research Centre (EHIRC). He was a retired government employee and also a member of the Central Government Health Scheme (CGHS), a government medical care scheme. On submitting his medical bills, full reimbursement was denied to the Petitioner. The Union of …Read more

The Petitioner was a retired Under Secretary in the Central Government. He and his wife were entitled to full medical reimbursement under the Central Government Health Scheme (CGHS). In July 2001 he admitted his wife for an emergency cancer surgery to Indraprastha Apollo Hospital, which is recognized under the CGHS. An office memorandum dated 1996 …Read more

The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more

The Competition Commission (Commission) initiated an investigation into the conduct of the South African Medical Association (SAMA) in relation to the setting of tariffs for health care services provided by its members. SAMA is a non-profit association that is the representative association of medical practitioners in South Africa. SAMA dealt with both professional and business …Read more

Connor Auton and his three co-petitioners were infant children suffering from autism. Applied Behavioral Analysis or Intensive Behavioral Intervention (ABA-IBI based therapy) was the only known, effective therapy for children with autism, although it remained a somewhat controversial and expensive treatment. Neither the Medicare Protection Act, R.S.B.C. 1996, c. 286, nor the Canada Health Act, …Read more

A Presidential Decree authorizing and regulating the practice of in vitro fertilization was issued in 1995. The Decree permitted solely married couples to utilize the practice; it prohibited the insemination of more than six ovules per couple; and it required that all embryos be deposited in the maternal uterus, prohibiting the freezing, preservation or discarding …Read more

The claimant Yvonne Watts brought an action against the Secretary of State for Health claiming that she was entitled to the cost of reimbursement for an operation she underwent in France. Watts was a resident of the United Kingdom. In September 2002, she was diagnosed with osteoarthritis in both of her hips. Soon after, it …Read more

This case concerned what level of destitute asylum seekers must have reached before their condition signified a violation of Article 3 of the European Convention on Human Rights and Fundamental Freedoms (“Convention”), which prohibits torture and cruel or inhuman or degrading treatment. A violation of Article 3 required the Secretary of State for the Home …Read more

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more

Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more

Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more

The Plaintiff, on behalf of his child, requested full reimbursement for the child’s treatment in Croatia. The Plaintiff had received authorization from the Health Insurance Fund for reimbursement of travel and medical costs for up to 30 days of treatment in the facility in Croatia. He then sought a further 35 days treatment, which was …Read more

The defendant appealed a decision from a lower court by claiming that § 4(2) of the Estonian Health Insurance Fund Act (the “Act”) violated § 11 of the Estonian Constitution. Under § 4(2) of the Act, a health insurance fund was entitled to collect costs which such fund had incurred upon payment of health insurance …Read more

Petitioner sought nullification of the lower courts’ decisions finding that termination of his insurance coverage by the South Estonian division of Health Insurance Fund was lawful and that § 28 of the Constitution did not guarantee the right to any type of free health care. The South Estonian division of Health Insurance Fund sent a …Read more

The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more

The petitioner filed a writ of amparo (appeal for legal protection) against the Ministry of Health of Peru. She sought free administration of comprehensive medical treatment for HIV, including both the continuous delivery of necessary medicines and the performance of periodic CD4 cell count and viral load tests upon medical indication and/or the patient’s urgent …Read more

The plaintiff was diagnosed with a severe inflammatory disease, and she was offered treatments at the hospital in Sweden using a common treatment method for her disease.  After ending two rounds of this treatment process (and learning that doctors recommended a further 6 to 12 treatment rounds), the plaintiff had commenced the new treatment method …Read more