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169 judgments found.


J.R. v. The Member of the Executive Council, North West Division, Mahikeng

Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

Tags: Access to health care, Child development, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Standard of care
Download Judgment: English

Preez v. Pretorius

Country: South Africa
Year: 2017
Court: Supreme Court of Appeal of South Africa
Citation: [2017] ZASCA 133
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

The Appellant was diagnosed with testicular cancer and his left testicle was surgically removed. He did not like the oncologist who was refered by the surgeon and decided to go for alternative therapies. The respondent practised alternative therapies and treated the appellant for more than a year. The Appellant went back to conventional treatment and …Read more

Tags: Compensation, Damages, Duty of care, Inadequate treatment, Negligence, Standard of care
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

Erdinç Kurt and Others v. Turkey

Country: Turkey
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

Tags: Access to health care, Access to treatment, Children, Compensation, Damages, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Heart disease, Infant health, Minor, Negligence, Neurological diseases, Non-pecuniary damage, Pediatric health, Public hospitals, Remedies, Standard of care
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

Pane v. The Member of Executive Council for Health

Country: South Africa
Year: 2016
Court: High Court of South Africa, Free State Division, Bloemfontein
Citation: Case No. 131/2013
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The appellant suffered an incomplete miscarriage and was admitted into the Manapo Hospital on the same day. A uterine evacuation was conducted. She alleges that she was discharged despite constant pain and swelling in her abdomen. She was given antibiotics and was instructed to come back for a check-up if she does not feel better. …Read more

Tags: Access to treatment, Clinics, Duty of care, Health facilities, Negligence, Patient choice, Public hospitals, Remedies, Standard of care
Download Judgment: English

Links v. Member of the Executive Council, Northern Cape Province

Country: South Africa
Year: 2016
Court: The Constitutional Court of South Africa
Citation: [2016] ZACC 10
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

The applicant worked as a cleaner and dislocated his left thumb. He went to Kimberlery Hospital for medical treatment and he was sent home after a plaster of paris case was put on his left hand and forearm and was asked to come after 10 days. He returned to the hospital before the stipulated time …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Negligence, Patient choice, Public hospitals, Remedies, Standard of care
Download Judgment: English

Madida v. Member of the Executive Council, Province of Kwa-Zulu-Natal

Country: South Africa
Year: 2016
Court: The High Court of South Africa, Kwazulu- Natal Division
Citation: Case No. 14275/2014
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff instituted an action for medical negligence on behalf of her daughter. She stated that due to the negligence of the hospital staff, her daughter suffers from spastic quadriplegic cerebral palsy, poor cognitive ability, feeding difficulty etc. The plaintiff was admitted and assessed by a midwife who authorised her admission to a ward for …Read more

Tags: Child development, Childbirth, Duty of care, Health facilities, Inadequate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Remedies, Standard of care
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

Devika Biswas v. Union of India

Country: India
Year: 2016
Court: The Supreme Court of India
Citation: (2016) 10 SCC 726
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health
Facts:

The petitioner in the present case claimed that a sterilization camp managed by an NGO in Bihar was conducting sterilization without following any proper protocol. More than 50 women had undergone sterilization at the camp without being provided any kind of counseling and information about the procedure. The procedure of the sterilization was highly unsanitary; …Read more

Tags: Access to treatment, Clinics, Compulsory sterilization, Counseling, Family planning, Forced sterilization, Health facilities, Informed choice, Mandatory treatment, Maternal health, Negligence, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English

Looney v. Moore

Country: United States
Year: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
Facts:

The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more

Tags: Child mortality, Children, Clinical trials, Inadequate treatment, Infant health, Infant mortality, Informed choice, Negligence, Neurological diseases, Non-consensual testing and treatment, Standard of care, Unauthorized treatment
Download Judgment: English

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

A.M. V. The Minister For Health

Country: Ireland
Year: 2015
Court: High Court
Citation: [2015] I.E.H.C. 660
Health Topics: Infectious diseases, Medical malpractice, Mental health
Human Rights: Right to health
Facts:

This case is an appeal from an award of damages granted to the appellant pursuant to the Hepatits C Compensation Tribunal Acts. The appellant contracted hepatitis C in 1977 after being given an anti D injection that “came from a batch infected with hepatitis C.” In 1998, pursuant to the Hepatitis C Compensation Tribunal Acts, …Read more

Tags: Compensation, Hepatitis, Mental competence, Negligence, Remedies
Download Judgment: English

D.N v. The MEC for Health, Gauteng

Country: South Africa
Year: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Children, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Psychology, Public hospitals, Remedies, Standard of care, Trauma
Download Judgment: English

M., R.R. v. Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more

Tags: Access to treatment, Caesarian, Clinics, Duty of care, Health facilities, Negligence, Neurological diseases, Patient choice, Remedies, Standard of care
Download Judgment: English

Oppelt v. Head, Department of Health, Provincial Administration: Western Cape

Country: South Africa
Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health
Facts:

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Negligence, Neurological diseases, Public hospitals, Remedies, Secondary care, Standard of care
Download Judgment: English

NN v. The Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more

Tags: Access to treatment, Caeserean, Childbirth, Clinics, Duty of care, Infant health, Minor, Negligence, Neurological diseases, Patient choice, Remedies, Right to bodily integrity, Right to Health, Right to life TAGS: Health facilities, Standard of care
Download Judgment: English

Asiye Genç v. Turkey

Country: Turkey
Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 027 (2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more

Tags: Access to health care, Access to treatment, Caesarean, Child mortality, Childbirth, Children, Clinics, Emergency care, Health facilities, Infant health, Infant mortality, Lung disease, Minor, Negligence, Pediatric health, Pregnancy, Primary care, Public hospitals, Pulmonary diseases, Respiratory diseases
Download Judgment: English French

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

The Center for Health, Human Rights and Development & Ors. v. Nakaseke District

Country: Uganda
Year: 2015
Court: High Court of Uganda at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Clinics, Compensation, Damages, Duty of care, Emergency care, Examination, Health care technology, Health facilities, Inadequate treatment, Maternal health, Maternal mortality, Minor, Negligence, Non-pecuniary damage, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
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

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

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

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

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

Goliath v. The Member Of The Executive Council For Health In The Province Of The Eastern Cape

Country: South Africa
Year: 2014
Court: The Supreme Court Of Appeal Of South Africa
Citation: [2014] ZASCA 182
Health Topics: Health care and health services, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff underwent a regular hysterectomy for fibroid uterus at Dora Nginza Hospital. A week later, she was readmitted as she was suffering from unbearable pain and wound abscess. The abscess burst, as operation was not conducted on the scheduled date. She was again admitted to the hospital as she complained of a hard swelling …Read more

Tags: Access to health care, Access to treatment, Duty of care, Health facilities, Inadequate treatment, Maternal health, Negligence, Psychology, Public hospitals, Remedies, Standard of care, Sterilization, Trauma
Download Judgment: English

Makgetla v. The Member of the Executive Council, Free State Province

Country: South Africa
Year: 2014
Court: The High Court of South Africa, Free State Division
Citation: Case No. 1054/2016
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff alleged that the defendant was negligent in causing burn wounds during a thyroid lobectomy operation. She stated that she was not explained the possible complications of the operation. After the effect of Anaesthesia wore off, she complained of severe back pain but was not attended to immediately.

Tags: Damages, Duty of care, Health facilities, Negligence, Primary care, Public hospitals, Standard of care
Download Judgment: English

Gray v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to life
Facts:

The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more

Tags: Access to treatment, Clinics, Compensation, Damages, Drug safety, Duty of care, Emergency care, Health facilities, Inappropriate treatment, Negligence, Non-pecuniary damage, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Petrova v. Latvia

Country: Latvia
Year: 2014
Court: The European Court of Human Rights
Citation: ECHR 181 (2014)
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The applicant’s son at the age of 23 was in a car accident and sustained very serious injuries. He had to be operated on but his condition became worse after her surgery and he died. After a few months, she discovered that her son’s kidneys and spleen had been removed for organ transplantation after his …Read more

Tags: Clinics, Degrading treatment, Emergency care, Health facilities, Inhuman treatment, Patient choice, Public hospitals
Download Judgment: English
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