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197 judgments found.
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
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
Country:
Ecuador Year: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics:
Health systems and financing,
Hospitals,
Medical malpractice Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to health Facts: On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more
Tags: Clinics,
Compensation,
Health care professionals,
Health care workers,
Health regulation,
Inadequate treatment,
Inappropriate treatment,
Law enforcement,
Negligence,
Private hospitals,
Public hospitals
Country:
Australia Year: 2013
Court: High Court
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more
Tags: Cancer,
Examination,
Female genital mutilation,
Health care professionals,
Health care workers,
Inappropriate treatment,
Informed choice,
Involuntary treatment,
Non-consensual testing and treatment,
Noncommunicable diseases,
Patient choice,
Unauthorized treatment
Country:
Armenia Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics:
Health care and health services,
Hospitals,
Infectious diseases,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to due process/fair trial,
Right to life Facts: Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more
Tags: Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health facilities,
Hepatitis,
Infertility,
Negligence,
Public hospitals,
Testing
Country:
Ukraine Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics:
Health care and health services,
Health information,
HIV/AIDS,
Hospitals,
Medical malpractice,
Prisons Human Rights: Freedom from torture and cruel, inhuman or degrading treatment,
Right to life Facts: The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Custody,
Detainee,
Detention,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health care professionals,
Health care workers,
Health records,
HIV,
HIV positive,
HIV status,
Inadequate treatment,
Inappropriate treatment,
Medical records,
Misdiagnosis,
Negligence,
People living with HIV/AIDS,
Police,
Public hospitals,
Remedies,
Standard of care,
Testing,
Trauma
Country:
Kenya Year: 2013
Court: High Court at Nairobi
Citation: Civil Suit 364 of 2007
Health Topics:
Health information,
Medical malpractice Human Rights: Right of access to information Facts: As the administrator of the deceased’s estate, the plaintiff sought the medical records of the deceased from the defendant hospital. The plaintiff had separately filed a medical negligence suit against the defendant. The plaintiff and his counsel determined that the hospital records, which related to the deceased’s treatment before death, were necessary for the negligence …Read more
Tags: Confidentiality,
Duty of care,
Freedom of information,
Health data,
Health records,
Medical records,
Negligence
Country:
Moldova Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics:
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to family life Facts: Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more
Tags: Caesarian,
Childbirth,
Compensation,
Compulsory sterilization,
Damages,
Forced sterilization,
Health care professionals,
Health care workers,
Health facilities,
Involuntary sterilization,
Negligence,
Non-consensual testing and treatment,
Non-pecuniary damages,
Pregnancy,
Public hospitals,
Remedies,
Sterilization,
Tort,
Unauthorized treatment
Country:
Poland Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics:
Health information,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to family life,
Right to life,
Right to privacy Facts: The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more
Tags: Abortion,
Conscientious objection,
Degrading treatment,
Disclosure,
Duty of care,
Health care professionals,
Health records,
Inadequate treatment,
Maternal health,
Maternal mortality,
Medical records,
Negligence,
Pregnancy; Termination of pregnancy,
Standard of care
Country:
Turkey Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Health care and health services,
Health systems and financing,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to life Facts: The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more
Tags: Access to health care,
Access to treatment,
Duty of care,
Emergency care,
Inadequate treatment,
Inappropriate treatment,
Maternal mortality,
Miscarriage,
Negligence,
Out-of-pocket expenditures,
Patient choice,
Pregnancy,
Private hospitals,
Standard of care
Country:
Canada Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics:
Child and adolescent health,
Chronic and noncommunicable diseases,
Disabilities,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information Facts: The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more
Tags: Caesarean,
Child development,
Childbirth,
Children,
Compensation,
Counseling,
Damages,
Differently abled,
Disabled,
Duty of care,
Emergency care,
Examination,
Handicapped,
Health care professionals,
Health care workers,
Inadequate treatment,
Infant health,
Informed choice,
Maternal health,
Minor,
Negligence,
Neurological diseases,
Noncommunicable diseases,
Parental consent,
Parental notification,
Physically challenged,
Pregnancy,
Public hospitals,
Remedies,
Standard of care,
Tort
Country:
Canada Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics:
Child and adolescent health,
Disabilities,
Health care and health services,
Health information,
Hospitals,
Informed consent,
Medical malpractice Human Rights: Right to health Facts: The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more
Tags: Compensation,
Damages,
Differently abled,
Disclosure,
Duty of care,
Emergency care,
Health care professionals,
Infant health,
Informed consent,
Medical negligence,
Negligence,
Standard of care,
Tort
Country:
South Africa Year: 2013
Court: The Supreme Court of Appeal of South Africa
Citation: [2013] ZASCA 72
Health Topics:
Chronic and noncommunicable diseases,
Health care and health services,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity Facts: The respondent patient had filed a claim of negligence against the appellant doctor. She alleged that she suffered from urine incontinence after her hysterectomy surgery performed by the appellant. When she consulted a urologist, it was found that a fistula or hole was present in the patient’s bladder wall. In the High Court, there was …Read more
Tags: Compensation,
Damages,
Duty of care,
Health facilities,
Negligence,
Private hospitals,
Remedies,
Standard of care
Country:
Turkey Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to health,
Right to life Facts: The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more
Tags: Access to health care,
Access to treatment,
Child mortality,
Childbirth,
Children,
Clinics,
Diagnostics,
Duty of care,
Emergency care,
Examination,
Health expenditures,
Health facilities,
Health funding,
Inadequate treatment,
Inappropriate treatment,
Maternal health,
Maternal mortality,
Midwifery,
Misdiagnosis,
Negligence,
Pharmaceuticals,
Private hospitals,
Public hospitals
Country:
Uganda Year: 2013
Court: Medical and Dental Practitioners Council, Uganda
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right of access to information,
Right to family life Facts: Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more
Tags: Caesarean,
Child mortality,
Childbirth,
Children,
Clinics,
Compensation,
Duty of care,
Freedom of information,
Health care professionals,
Health care workers,
Health data,
Health facilities,
Health records,
Infant health,
Infant mortality,
Medical records,
Midwifery,
Minor,
Negligence,
Non-disclosure,
Non-pecuniary damage,
Pediatric health,
Pregnancy,
Primary care,
Public hospitals,
Remedies,
Standard of care
Country:
Romania Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF CSOMA v. ROMANIA (Application no. 8759/05) 2013
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to bodily integrity,
Right to due process/fair trial,
Right to life,
Right to privacy Facts: The applicant in this case was a nurse who was pregnant and was being followed by a gynecologist, Dr. P.C, at the hospital where she had been working. At the 16th week of her pregnancy, hydrocephalus was diagnosed with the fetus and the pregnancy was determined to be interrupted. To induce the abortion, medications and …Read more
Country:
Nigeria Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics:
Health care and health services,
HIV/AIDS,
Infectious diseases,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Right to health Facts: The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more
Tags: Access to health care,
Access to treatment,
AIDS,
Compensation,
Compulsory testing,
Damages,
Duty of care,
Employment,
HIV,
HIV positive,
HIV status,
Informed choice,
Involuntary testing,
Mandatory testing,
Maternal health,
Miscarriage,
Negligence,
Non-consensual testing and treatment,
Patient choice,
People living with HIV/AIDS,
PLHIV,
Pregnancy,
Sexually transmitted diseases,
Sexually transmitted infections,
Standard of care,
STDs,
STIs,
Transmission
Country:
Uganda Year: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics:
Child and adolescent health,
Health care and health services,
Health systems and financing,
Hospitals,
Medical malpractice,
Medicines,
Poverty,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to health,
Right to life Facts: The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more
Tags: Access to drugs,
Access to health care,
Access to medicines,
Access to treatment,
Childbirth,
Children,
Cruel treatment,
Degrading treatment,
Essential medicines,
Health care professionals,
Health care workers,
Health expenditures,
Health facilities,
Health funding,
Health spending,
Humiliating treatment,
Inadequate treatment,
Inappropriate treatment,
Indigent,
Infant health,
Infant mortality,
Inhuman treatment,
Low income,
Maternal health,
Maternal mortality,
Midwifery,
Negligence,
Out-of-pocket expenditures,
Pediatric health,
Poor,
Pregnancy,
Primary care,
Public hospitals,
Remedies,
Subsidies,
Underprivileged
Country:
Slovakia Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics:
Child and adolescent health,
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Mental health,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right to bodily integrity,
Right to family life Facts: Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more
Tags: Caesarean,
Childbirth,
Children,
Compensation,
Compulsory sterilization,
Compulsory treatment,
Cruel treatment,
Degrading treatment,
Family planning,
Forced sterilization,
Forced treatment,
Health care professionals,
Health care workers,
Humiliating treatment,
In utero fertilization,
Inappropriate treatment,
Infertility,
Informed choice,
Inhuman treatment,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Maternal health,
Minor,
Non-consensual testing and treatment,
Parental consent,
Patient choice,
Pregnancy,
Public hospitals,
Remedies,
Sterilization,
Unauthorized treatment
Country:
Croatia Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41108/10
Health Topics:
Medical malpractice Human Rights: Right to due process/fair trial,
Right to life Facts: The applicant’s sister died in 1994 after being admitted to the hospital for an abdominal tumor. The applicant lodged a series of criminal, administrative, and civil complaints against Dr. V.B., a surgeon and a professor at the University of Zagreb Medical Faculty. The applicant alleged medical malpractice and bribery. In 1994, the applicant lodged a …Read more
Tags: Compensation,
Damages,
Inadequate treatment,
Inappropriate treatment,
Negligence,
Remedies,
Tort
Country:
Uganda Year: 2012
Court: High Court at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics:
Child and adolescent health,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to health,
Right to life Facts: Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more
Tags: Childbirth,
Duty of care,
Health care professionals,
Health care workers,
Inadequate treatment,
Maternal health,
Maternal mortality,
Negligence,
Pregnancy,
Public hospitals
Country:
Slovakia Year: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics:
Health care and health services,
Hospitals,
Informed consent,
Medical malpractice,
Sexual and reproductive health Human Rights: Freedom from discrimination,
Freedom from torture and cruel, inhuman or degrading treatment,
Right of access to information,
Right to family life Facts: Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more
Tags: Caesarian,
Childbirth,
Compulsory sterilization,
Family planning,
Forced sterilization,
Forced treatment,
Inappropriate treatment,
Infertility,
Informed choice,
Involuntary sterilization,
Involuntary treatment,
Mandatory sterilization,
Mandatory treatment,
Non-consensual testing and treatment,
Parental consent,
Patient choice,
Public hospitals,
Sterilization,
Unauthorized treatment
Country:
South Africa Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
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 Facts: The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more
Tags: Access to healthcare,
Access to treatment,
Caesarean,
Child development,
Childbirth,
Children,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Inadequate treatment,
Inappropriate treatment,
Maternal health,
Minor,
Negligence,
Neurological diseases,
Pregnancy,
Public hospitals,
Remedies,
Standard of care
Country:
Russia Year: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 40378/06
Health Topics:
Child and adolescent health,
Health care and health services,
Health information,
Hospitals,
Medical malpractice,
Sexual and reproductive health Human Rights: Right to privacy Facts: The applicant gave premature birth to twins. One of the twins died nine hours after her birth. The second twin survived after being transferred to an intensive care unit. The applicant stated that the first child would have survived too if had been promptly transferred to the Intensive Care Unit. She sent letters to the …Read more
Tags: Access to treatment,
Child mortality,
Childbirth,
Children,
Clinics,
Confidentiality,
Disclosure,
Health facilities,
Health records,
Infant health,
Infant mortality,
Medical records,
Minor,
Non-disclosure,
Pediatric health,
Secrecy
Country:
United Kingdom Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Right to due process/fair trial,
Right to life Facts: The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Mental disorder,
Mental illness,
Negligence,
Non-pecuniary damage,
Private hospitals,
Psychiatry,
Public hospitals,
Remedies,
Schizophrenia,
Standard of care,
Suicide,
Tort,
Trauma
Country:
United Kingdom Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics:
Health care and health services,
Hospitals,
Medical malpractice,
Mental health Human Rights: Right to life Facts: The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more
Tags: Clinics,
Compensation,
Damages,
Duty of care,
Emergency care,
Health facilities,
Mental disability,
Mental disorder,
Mental illness,
Mental institution,
Negligence,
Non-pecuniary damages,
Psychiatry,
Psychology,
Remedies,
Standard of care,
Suicide,
Trauma