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201 judgments found.


Ohio v. Akron Center for Reproductive Health

Country: United States
Year: 1990
Court: Supreme Court
Citation: 497 U.S. 450 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Respondents, including a facility that provides abortions, a physician who performs abortions, and a minor woman who sought an abortion, brought suit challenging the constitutional validity of Ohio’s Amended Substitute House Bill 319, which made it a criminal offence, except in four specified circumstances, for a physician or other person to perform an abortion …Read more

Tags: Abortion, Access to treatment, Child development, Children, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Minor, Parental notification, Patient choice, Pregnancy, Termination of pregnancy
Download Judgment: English

Moore v. Regents of the University of California

Country: United States
Year: 1990
Court: Supreme Court of California
Citation: 51 Cal.3d 120 (1990); 793 P.2d 479; 271 Cal. Rptr. 146
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to property
Facts:

John Moore underwent treatment for hairy-cell leukemia at UCLA Medical Center, owned and operated by the regents of the university. During the course of his treatment, Moore’s spleen was removed and various tissue samples were taken by his doctor. Moore’s doctor engaged with a researcher at the medical center to study these samples (which were …Read more

Tags: Informed choice, Patient choice
Download Judgment: English

K.H. v. Malmöhus Läns Landstingskommun

Country: Sweden
Year: 1990
Court: Supreme Court
Citation: NJA 1990 s 442 – Målnummer No. 40
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Facts:

Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more

Tags: Clinics, Disclosure, Duty of care, Examination, Health care professionals, Informed choice, Negligence, Patient choice, Tertiary care, Unauthorized treatment
Download Judgment: English Swedish

Malette v. Shulman et al.

Country: Canada
Year: 1990
Court: Ontario Supreme Court, Court of Appeal
Citation: 67 DLR (4th) 321, 72 OR (2d) 417
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of religion, Right to bodily integrity
Facts:

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

Tags: Compensation, Compulsory treatment, Damages, Duty of care, Emergency care, Forced treatment, Inappropriate treatment, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
Download Judgment: English

R v. Dyment

Country: Canada
Year: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more

Tags: Alcohol, Confidentiality, Disclosure, Emergency care, Health care professionals, Health care workers, Health data, Involuntary testing, Law enforcement, Non-consensual testing and treatment, Non-disclosure, Patient choice, Police, Secrecy, Testing
Download Judgment: English

Thornburgh v. American College of Obstetricians and Gynecologists

Country: United States
Year: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1.     The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more

Tags: Abortion, Abortion technique, Access to treatment, Children, Criminalization, Duty of care, Family planning, Infant health, Informed choice, Maternal health, Maternal mortality, Minor, Negligence, Pregnancy, Termination of pregnancy
Download Judgment: English

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
Download Judgment: English French

Winston v. Lee

Country: United States
Year: 1985
Court: Supreme Court
Citation: 470 U.S. 753 (1985)
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to privacy
Facts:

Respondent, Lee, was charged with attempted robbery, malicious wounding, and two counts of using a firearm in the commission of a felony. The Commonwealth of Virginia sought to compel Respondent to undergo a surgical procedure to remove a bullet lodged in his chest; petitioners alleged that the bullet would provide evidence of Respondent’s guilt or …Read more

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

Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Birth control, Child development, Children, Confidentiality, Contraception, Contraceptives, Criminalization, Health education, Informed choice, Judicial bypass, Minor, Parental consent, Parental notification, Patient choice, Termination of pregnancy
Download Judgment: English

Sidaway v. Bethlem Royal Hospital and Ors.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Facts:

Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more

Tags: Duty of care, Informed choice, Patient choice
Download Judgment: English

H.L. v. Matheson

Country: United States
Year: 1981
Court: Supreme Court
Citation: 450 U.S. 398 (1981)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, H.L., brought this class action suit challenging a Utah law which required a physician to notify, if possible, the parents or guardian of a minor upon whom an abortion was to be performed. H.L. represented a class consisting of unmarried minor women who wished to terminate their “unwanted pregnancies” but were unable to …Read more

Tags: Abortion, Access to treatment, Child development, Children, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Minor, Parental consent, Parental notification, Patient choice, Pregnancy, Termination of pregnancy
Download Judgment: English

Saguir y Dib, Claudia Graciela s/Autorización

Country: Argentina
Year: 1980
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Fallos 302:1284
Health Topics: Child and adolescent health, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to life
Facts:

The parents of the 17 years old plaintiff, Claudia Graciela Saguir y Dib, filed an authorization on behalf of their daughter for her to be able to donate her kidney to her brother, who was suffering from chronic renal terminal failure. Law 21.541, art. 13, established that a person over 18 years old could donate …Read more

Tags: Child, Children, Health regulation, Informed choice, Kidney disease, Patient choice, Underage
Download Judgment: Spanish

Bellotti v. Baird II

Country: United States
Year: 1979
Court: Supreme Court
Citation: 443 U.S. 622 (1979)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellants challenged the constitutional validity of a Massachusetts law that required, in every instance, that the parents or guardian of a minor seeking an abortion be notified. The joined Appellants were an abortion clinic and a pregnant minor representing the class of unmarried minors in Massachusetts who had adequate capacity to give valid and …Read more

Tags: Abortion, Access to treatment, Child development, Children, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Minor, Parental consent, Parental notification, Patient choice, Pregnancy, Termination of pregnancy
Download Judgment: English

Colautti v. Franklin

Country: United States
Year: 1979
Court: Supreme Court
Citation: 439 U.S. 379 (1979)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Respondents, a licensed obstetrician and several non-profit organizations, brought suit claiming that § 5(a) of the Pennsylvania Abortion Control Act of 1974 (the Act) was unconstitutionally vague. Section 5(a) of the Act required every person who performed or induced an abortion to have made a determination, based on “experience, judgment or professional competence,” that …Read more

Tags: Abortion, Abortion technique, Access to treatment, Criminalization, Duty of care, Family planning, Informed choice, Maternal health, Maternal mortality, Negligence, Partial birth abortion, Pregnancy, Termination of pregnancy
Download Judgment: English

Walker v. Pierce

Country: United States
Year: 1977
Court: United States Court of Appeals, Fourth Circuit
Citation: Walker v. Pierce 560 F.2d 609 (4th Cir. 1977)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to health, Right to privacy
Facts:

Plaintiff Virgil Walker filed suit against Defendant, Clovis H. Pierce, the attending obstetrician at Aiken County Hospital in South Carolina, seeking damages and declaratory and injunctive relief for a violation of her civil rights under the 1st, 4th, 5th 8th, 9th, 13th, and 14th amendments. Virgil Walker, an African American woman on Medicaid, went to …Read more

Tags: Access to health care, Family planning, Indigent, Involuntary sterilization, Low income, Patient choice, Poor, Sterilization
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Planned Parenthood v. Danforth

Country: United States
Year: 1976
Court: Supreme Court
Citation: 428 U.S. 52 (1976)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Petitioners brought this action against the Attorney General of Missouri, seeking to enjoin enforcement of House Committee Substitute for House Bill No. 1211 (the Act), which attempted to regulate both the abortion procedure and the circumstances surrounding such procedures. Petitioners claimed the Act violated the right to privacy under the due process clause of the …Read more

Tags: Abortion, Access to treatment, Child development, Children, Criminalization, Family planning, Infant health, Informed choice, Maternal health, Maternal mortality, Minor, Parental consent, Parental notification, Pregnancy, Spousal notification, Termination of pregnancy
Download Judgment: English

Skinner v. Oklahoma

Country: United States
Year: 1942
Court: Supreme Court
Citation: 316 U.S. 535 (1942)
Health Topics: Informed consent, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to liberty and security of person
Facts:

Petitioner brought a constitutional challenge to provisions of Oklahoma’s Habitual Criminal Sterilization Act of 1935 (the Act), which permitted sentences of compulsory sterilization for “habitual offenders” in crimes involving “moral turpitude.”  Pursuant to section 195 of the Act, the same sentence did not extend to white-collar crimes, defined as those “offenses arising out of the …Read more

Tags: Compulsory treatment, Detention, Forced treatment, Imprisonment, Incarceration, Inmate, Involuntary treatment, Jail, Non-consensual testing and treatment, Sterilization
Download Judgment: English

Angel Lorenzo v. The Director of Health

Country: Philippines
Year: 1927
Court: Supreme Court
Citation: G.R. No. 27484
Health Topics: Infectious diseases, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The Petitioner, who suffered from leprosy (Hansen’s disease), was confined in the San Lazaro Hospital in Manila in conformity with §1058 of the Administrative Code, which empowered the Director of Health and his authorized agents “to cause to be apprehended, and detained, isolated, or confined, all leprous persons in the Philippine Islands.” The Petitioner brought …Read more

Tags: Compulsory examination, Compulsory testing, Forced examination, Involuntary examination, Involuntary testing, Leprosy, Mandatory examination, Mandatory testing, Non-consensual testing and treatment
Download Judgment: English