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194 judgments found.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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