The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son.  The experimental drug …Read more

Plaintiffs, Toni Wideman and her husband, filed suit under 42 USCA Section 1983 which permits civil action for the deprivation of Constitutional rights, against defendants, DeKalb County, Shallowford Hospital, and three DeKalb County EMS employees in their official capacities, seeking damages for the wrongful death of their child. On April 12, 1984, Toni Wideman, who …Read more

Shriram Foods and Fertiliser Plant, Delhi (Shriram) was situated amidst a population of 200,000 people. It manufactured items such as glycerin soap, and technical hard oil. The petitioner, M.C. Mehta, filed a writ petition in the Supreme Court to obtain an order for closure of the plant and its relocation to an area where it …Read more

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

In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more

Applicant, Luberti, an Italian national, shot and killed his mistress and was sentenced to twenty years imprisonment. The applicant pleaded insanity and several experts concluded that the applicant was suffering from mental illness. These findings were accepted by the Court of Appeal and he was acquitted on grounds of mental incapacity and the applicant was …Read more

The President wished to remove significant portions of Law No. 56/79 that established the National Health Service. The law was created by parliament and thus the President argued that the parliament holds all power to alter or remove the law. The President also intended to repeal and replace Law No. 488/75, but the constitutionality of …Read more

A private care establishment that was denied its request for approval appealed the judgment on the grounds of abuse of power by the social and sanitary action inspector, who was deleted this task by the prefect.

Tellier-Cohen was employed by the Government of Canada and was not permitted to use her sick leave or annual leave for her absence from work due to her pregnancy and childbirth. She filed a complaint in the Human Rights Tribunal challenging the action of the government on the basis of sex discrimination under sections 7(b) …Read more

Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more

The President of the Catholics for Christian Political Action and another filed a claim against the United States and the Commonwealth of Massachusetts claiming they failed to fulfill their obligations under the American Declaration of the Rights and Duties of Man (the Declaration) and American Convention on Human Rights (the Convention) (the United States has …Read more

The applicant, a United Kingdom national who had previously been diagnosed with having a paranoid psychosis, claimed that the United Kingdom unlawfully deprived him of his liberty when authorities forcibly recalled him to a hospital for the criminally insane in which he had completed a prior sentence for a violent crime. At the time of …Read more

Both the prosperous and poor people of New Road, Ratlam were victims of extremely inadequate basic public sanitation facilities, fluid discharge of a local alcohol plant and overflow of storm water to the street. This resulted in various types of septic fluids flowing openly and constantly in the street, and consequently the street’s sanitation was …Read more

This case was an appeal by the State of Colorado (“Colorado”) and Colorado prison officials, challenging an order from the Colorado Federal District Court directing the State of Colorado to close the maximum security unit of the Colorado State Penitentiary at Canon City (“Old Max”). Inmate Fidel Ramos filed a complaint alleging that the conditions …Read more

The applicant claimed that English law violated provisions of the European Convention on Human Rights (Convention), after he found out that his wife was pregnant and planned to have a legal abortion without his consent. Specifically, the applicant claimed that England and Wales violated the right to life and the right to liberty and security …Read more

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

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

The applicant argued that the refusal of the authorities to give her disabled daughter a medical card constituted a breach of her daughter’s right to life guaranteed by Article 2 (right to life) of the European Convention of Human Rights (“the Convention”). The applicant’s daughter suffered from a serious deformation of the larynx, which prevented …Read more

Please note: This opinion is unusual as it does not include the factual background. These facts listed below are developed from alternative sources. Before the promulgation of the Voluntary Interruption of Pregnancy Act, 88 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of …Read more

Mary Doe, under a pseudonym, was a married, twenty-two year old mother living in Georgia. At the time of this case, she already had three children, two in foster care and the third given up for adoption due to her inability to provide for them. She sought an abortion from the Grady Memorial Hospital Abortion …Read more

Plaintiffs, the guardians of patients confined at Bryce Hospital, Alabama (the Hospital) and certain employees of the Alabama Mental Health Board assigned to the Hospital, requested an order of reference for an authoritative determination of standards of the adequacy of the current and future mental treatment employed by the Hospital in effecting the right to …Read more

Davidson was a medical doctor who was charged of four counts of unlawfully using an instrument and one count of conspiring to use an instrument or other means with intent to procure the miscarriage of a woman.

In 1962, Appellant Rouse was involuntarily committed to a mental hospital pursuant to D.C. Code § 24-301 after being found not guilty by reason of insanity of carrying a dangerous weapon, a misdemeanor for which the maximum imprisonment was one year. Rouse challenged his commitment on grounds of habeas corpus; he had been confined for …Read more

Hugo Tunkl filed suit to recover damages for personal injuries alleged to have resulted from the negligence of two physicians at the University of California Los Angeles Medical Center, a non profit charitable institution. Tunkl died after suit was brought, and his wife was substituted as plaintiff. Tunkl was admitted to the UCLA Medical Center …Read more

Petitioner, Lynch, was committed to the District of Columbia General Hospital under D.C. Code § 24-301(a) for a mental examination to determine his competence to stand trial. Petitioner faced charges related to drawing and negotiating checks ($50 each) with the knowledge of insufficient funds and entered a plea of not guilty in the Municipal Court. …Read more

Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital.  On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more

Plaintiff brought action for malpractice against defendant physicians at the “Budge Clinic,” for (1) negligently treating him and discharging him and (2) refusing to treat and abandoning him when he was in immediate need of medical treatment. On March 11, 1935 plaintiff went to Budge Memorial Hospital to seek treatment for an infected hand. Defendant …Read more

Appellant George D. Hurley, as administrator, sued Appellee George W. Eddingfield, a licensed and practicing family physician, for $10,000 in damages for wrongfully causing the death of his intestate. Appellee had been the decedent’s family physician. Decedent became dangerously ill, and requested appellee’s service. A messenger informed appellee of decedent’s severe illness, gave him a …Read more

Jose Vicente Moreno, the plaintiff, was affiliated with the health promoting entity E.P.S. of the I.S.S. del Valle (“E.P.S of I.S.S.”). Due E.P.S. of I.S.S.’s failure to provide medical services that the plaintiff required for the treatment of a catastrophic illness, he filed an transfer request before the health promoting entity Comfenalco E.P.S. (“E.P.S. Comfenalco”), …Read more