The petitioner, a Colombian national, filed a tutela (an appeal for legal protection) on behalf of his partner who was 19 weeks pregnant. The petitioner’s partner underwent examination and discovered that the fetus exhibited serious malformations that made the fetus unviable. Despite the advice of a board of specialists to terminate the pregnancy, the local health …Read more

The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more

The National Institute of Health and Disability Insurance (INAMI) sued the defendant company Aktuapharma for payment of fees. The defendant company was a parallel importer, importing pharmaceutical products from other countries to Belgium. A specific brand-name drug available in Belgium might be available in another country at a cheaper price. The defendant company would import …Read more

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

The applicants were two, non-authorized physicians registered with the Saint-Vincent-Sainte-Elisabeth Hospital Center. Non-authorized physicians, unlike authorized physicians, work in private settings and do not fall within the public national healthcare system. The applicants challenged the constitutionality of Article 46 of a 2006 law passed on health provisions, in that it treated authorized and non-authorized doctors …Read more

On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of  respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more

This case concerned a constitutional challenge to Articles 1, 10, 23, 84, 91 and 133 of law no.  2009-879 of July 21 2009, Loi portant réforme de l’hôpital et relative aux patients, à la santé et aux territoires (Law reforming hospitals and relating to patients, health and the territories) (the Law) in the Conseil Constitutionnel. …Read more

The state healthcare institution (“SHI”) appealed the imposition of an administrative fine of 10,000 rubles which had been imposed on it for a violation of Paragraph 3 Article 19.20 of the Code of Administrative Offences of the Russian Federation (“CAO RF”), which prohibited conducting activities in violation of the relevant license (here, licenses related to …Read more

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more

This case concerned social security reimbursement for private health care in Spain. The plaintiff suffered from an eating disorder, a personality disorder, and alcoholism. She sought treatment through Spain’s public health service for years. She was eventually discharged and referred to a public hospital, where she spent a year. She then sought reimbursement for the …Read more

The appellant, a beneficiary of defendant public health institution Health Service of Castilla-La Mancha (“SESCAM”), received three fertility treatment cycles (two in a private institution and one in a public health institution) with negative results. The appellant then sought new fertility treatments from SESCAM, arguing that she was entitled to funding for three treatments of …Read more

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

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

Julio César Bravo Villata, a minor, was a beneficiary of the Guatemalan Social Security Institute.  He suffered from cerebral paralysis due to a respiratory arrest that occurred at the time of birth (a “congenital defect”) and his parents were told that once the child turned five, his treatment would be suspended. The Board of Directors …Read more

This case was filed by the Human Rights Ombudsman of Guatemala acting on behalf of patients who suffer from vitiligo, psoriasis, fungoid mycosis, alopecia, lichen planus, uremic pruritus, and sclerodermas, against the Board of Directors of the Guatemalan Social Security Institute. He argued that the patients were informed that the company that was providing services …Read more

The European Roma Rights Centre (ERRC) brought a complaint alleging that the 2006 and 2008 amendments to Bulgaria’s Social Assistance Act of 1998 (‘the Act’) violated Article 13(1) of the RESC, taken alone or in conjunction with the non-discrimination provisions of Article E. Prior to these amendments, entitlement to social assistance benefits under the Act …Read more

The claimant, Mr. Oscar Fontes, brought a protection action against the Ministry of Public Health (the “Ministry”) for its failure to provide him with the drug Cetuximab, as prescribed by his doctor for treatment of colon cancer. The drug was not included on the Therapeutic Drug Registry, and the Ministry denied his request. The claimant …Read more

Veena Bhatia was an employee of the respondents. In her 35th week of pregnancy, she delivered her child prematurely. The doctor performed an emergency lower segment caesarian section (LSCS) because of fetal distress and antepartum hemorrhage. A normal delivery was not an option because the baby would have died and the mother would have hemorrhaged …Read more

The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more

Lucas Marino Sureda, a patient who suffered from multiple sclerosis, brought this case against the Health Insurance of the Judiciary to pay for an experimental T-Cell vaccine therapy. The patient claimed that he had been under an approved treatment since 1996 and it has caused his condition to worsen. The plaintiff went to the Regina …Read more

The plaintiffs, a married couple, filed a precautionary measure against the Health Insurance of the Province of Entre Ríos to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) until the pregnancy was achieved. The co-plaintiff suffered from oligoastenozoospermia which left him infertile so they requested the health insurance company to provide coverage …Read more

The patient filed a case against the National Ministry of Health and the health insurance company “Solidaridad Obra Social Bancaria Argentina” to obtain access to medication for an oncology treatment. The First Instance Court [Juzgado de Garantías N° 3 de Lomas de Zamora, Provincia de Buenos Aires] dismissed the claim. Then the plaintiff brought the case …Read more

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

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

The Respondent, Glenn, an employee at a Sears retail store, sought federal-court review under the Employee Retirement Income Security Act of 1974 (ERISA) of Sears’ insurer, Metropolitan Life Insurance Company (MetLife), due to its denial to extend payment of her disability benefits. MetLife was the administrator and the insurer of Sears’ long-term disability insurance plan, …Read more

Plaintiff Roland Doige alleged that the health premium policies of the Ministry of Finance of British Columbia discriminated against him as a single person. A single beneficiary of the Medical Services Plan (“MSP”) paid a monthly premium rate of CAD 54.00, which was up to CAD 6.00 more per person than would be paid by …Read more

The appellant, a woman suffering from multiple sclerosis, brought a claim against New Zealand’s Ministry of Health for discrimination contrary to s. 123(2) of the Human Rights Act, 1993. She claimed that if her disability had been caused by accident rather than illness, she would have received significantly greater disability benefits from the government under …Read more