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255 judgments found.


Petukhova v. Russia

Country: Russia
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more

Tags: Compulsory examination, Forced examination, Informed consent, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory examination, Mental competence, Mental disorder, Mental health, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Z v. Poland

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
Download Judgment: English

P. and S. v. Poland

Country: Poland
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 57375/08
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

The Applicants were a Polish girl who was raped at the age of 14, resulting in pregnancy, and her mother. The applicants alleged that, when they sought an abortion, which is legal under Polish law for pregnancy resulting from rape, hospital staff attempted to dissuade the girl from having an abortion. At one hospital, she …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Confidentiality, Conscientious objection, Counseling, Disclosure, Medical records, Non-disclosure, Parental consent, Pregnancy, Public hospitals, Rape, Secrecy, Sexual abuse, Sexual violence, Termination of pregnancy
Download Judgment: English

Senturk v. Turkey

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
Download Judgment: English

B. v. Romania (no. 2)

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 1285/03
Health Topics: Disabilities, Informed consent, Mental health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, M.B., filed a complaint with the European Court of Human Rights for a violation of (1) laws concerning compulsory admission to psychiatric hospitals and (2) laws concerning decisions in child-rearing where the parent or guardian’s mental capacity is in question. M.B. was diagnosed in 2000 with paranoid schizophrenia. As a result of her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Counselling, Disabled, Forced examination, Handicapped, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary examination, Mandatory commitment, Mandatory confinement, Mandatory examination, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Patient choice, Schizophrenia
Download Judgment: English

Daskalovi v Bulgaria

Country: Bulgaria
Year: 2013
Court: European Court of Human Rights
Citation: [2013] ECHR 27915/06
Health Topics: Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Download Judgment: English

CSOMA v. ROMANIA

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

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E.A. v. Russia

Country: Russia
Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF E.A. v. RUSSIA
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was an Uzbek national who was arrested in Perm, Russia from 2003 to 2008, due to criminal proceedings. He complained before the European Court of Human Rights (the ECHR) stating that he hadn’t been provided with appropriate medical care while he was detained in violation of Article 3 of the European Convention on …Read more

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Aden Ahmed v. Malta

Country: Malta
Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF ADEN AHMED v. MALTA
Health Topics: Environmental health, Mental health, Prisons, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant was a Somalian who irregularly entered the Republic of Malta where she applied for an asylum on 18 February 2009. Following the rejection of her application, she escaped from the detention center in Malta and irregularly entered the Netherlands in May 2009. On 11 February 2011, the applicant was returned to Malta and …Read more

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Mitkus v. Latvia

Country: Latvia
Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF MITKUS v. LATVIA
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life, Right to privacy
Facts:

The applicant had been imprisoned in Latvia’s Central Prison in 1999 due to his conviction on charges of extortion and robbery. In 2003, the prisons administration notified him of the results of the tests performed for him which showed that he was HIV positive. Subsequent tests also showed that the applicant was infected with Hepatitis …Read more

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DIMITAR SHOPOV v. BULGARIA

Country: Bulgaria
Year: 2013
Court: The European Court of Human Rights
Citation: CASE OF DIMITAR SHOPOV v. BULGARIA (Application no. 17253/07)
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The applicant, a Bulgarian National, lodged a claim against the Republic of Bulgaria alleging that its authorities had failed to effectively investigate an assault against him by private individuals. The applicant was involved in a fight between several people on 1 May 1991 in which he was stabbed, admitted to hospital and underwent an urgent …Read more

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I.B. v. Greece

Country: Greece
Year: 2013
Court: The European Court of Human Rights
Citation: Dismissal of an employee on account of his HIV infection was contrary to the European Convention on Human Rights
Health Topics: HIV/AIDS
Human Rights: Freedom from discrimination, Right to family life, Right to work
Facts:

The applicant was an HIV-Positive Greece national who had been working in a jewelry manufacturing company, the staff of which urged their employer to dismiss the applicant so that their health and their right to work could be protected. The employer invited an occupational-health doctor who spoke and reassured the employees by explaining the precautions …Read more

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Knecht v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: [2013] ECHR 10048/10
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, Knecht, is an American and German national. In 2008, she used the “S. Clinic” in Bucharest to store embryos. However, S. Clinic’s authorization from the National Transplant Agency (NTA) to function as a genetic bank was under criminal investigation. In July 2009, the Directorate for the Investigation of Organised Crime and Terrorism attached …Read more

Tags: Assisted reproductive technology, Family planning, In vitro fertilization
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Sykora v. Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more

Tags: Compulsory commitment, Compulsory examination, Compulsory testing, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory commitment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Patient choice, Psychiatry, Psychosis, Schizophrenia, Unauthorized treatment
Download Judgment: English

Kurić and Others v. Slovenia

Country: Slovenia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 26828/06
Health Topics: Health care and health services, Health systems and financing, Poverty
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to acquire nationality, Right to family life, Right to privacy
Facts:

The eight applicants had previously been citizens of both the former Yugoslavia and one of its constituent republics other than Slovenia. They had acquired permanent residence in Slovenia, but, following its independence, had either not requested Slovenian citizenship or had had their application refused. On 26 February 1992, pursuant to the newly enacted Aliens Act, …Read more

Tags: Access to health care, Access to treatment, Indigent, Low income, Poor, Social security, Underprivileged
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Gillberg v. Sweden

Country: Sweden
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41723/06; [2010] ECHR 1676
Health Topics: Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant is a 50-year old professor specializing in child and adolescent psychiatry, at the University of Gothenburg. A neuropsychiatry research project, the Gothenburg Study, focusing on Attention-Deficit Hyperactivity Disorder (ADHD) in children was carried out from 1977 to 1992 at the University of Gothenburg. The researchers assured “the children’s parents and later to the …Read more

Tags: Confidentiality, Disclosure, Freedom of information, Health data, Health information, Health records, Non-disclosure, Secrecy
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Munjaz v. United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2913/06; [2012] ECHR 1704
Health Topics: Hospitals, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Detainee, Detention, Incompetence, Inhuman treatment, Involuntary commitment, Involuntary confinement, Isolation, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology, Public hospitals, Seclusion, Torture
Download Judgment: English

N.B. v Slovakia

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
Download Judgment: English

Stanev v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 36760/06
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

S, an adult male diagnosed with schizophrenia, lived for many years with his half-sister and step-mother, his closest living relatives, before they applied in 2000 to the Ruse Regional Court to have S declared legally incapacitated. The court declared S only partially incapacitated. S’s family refused to accept guardianship for S, and the court instead …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Diet, Examination, Food, Health care professionals, Health care workers, Incapacity, Incompetence, Indigent, Inhuman treatment, Involuntary commitment, Involuntary confinement, Low income, Malnutrition, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Poor, Psychiatry, Psychology, Schizophrenia, Social security
Download Judgment: English

M.S. v. The United Kingdom

Country: United Kingdom
Year: 2012
Court: European Court of Human Rights
Citation: Application no. 24527/08
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

After sounding a car horn repeatedly and behaving in a highly agitated manner, the applicant was arrested by police in Birmingham, United Kingdom. It was determined that before his arrest, the man had inflicted serious injury upon his aunt at his residence. He was detained under section 136 of the Mental Health Act, which allows …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Cruel treatment, Degrading treatment, Examination, Health facilities, Humiliating treatment, Incapacity, Inhuman treatment, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Police, Psychosis
Download Judgment: English

Bajić v. Croatia

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
Download Judgment: English

Jeladze v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Testing
Download Judgment: English

H v. Finland

Country: Finland
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics: Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more

Tags: Civil union, Confidentiality, Disclosure, Domestic partnership, Gender identity, Gender reassignment, Non-disclosure, Notification, Spousal consent, Transgender
Download Judgment: English

Costa and Pavan v. Italy

Country: Italy
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 54270/10
Health Topics: Chronic and noncommunicable diseases, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

Following the birth of their first child, the applicants, Costa and Pavan, discovered that they were carriers of cystic fibrosis, a genetic disease. Their child was born with the disease. A prenatal test confirmed that their second child was also affected by cystic fibrosis. They decided to terminate the pregnancy on medical grounds. The applicants …Read more

Tags: Abortion, Assisted reproductive technology, Genetic disease, In vitro fertilization, Noncommunicable diseases, Termination of pregnancy
Download Judgment: English

Varapnickaite-Mazyliene v. Lithuania

Country: Lithuania
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 20376/05
Health Topics: Child and adolescent health, Health information
Human Rights: Right to privacy
Facts:

The applicant in this case brought a lawsuit against the Republic of Lithuania under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). She alleged her right to respect for her private life, protected by Article 8 of the Convention, had been violated by employees of the Children’s Welfare …Read more

Tags: Child development, Children, Confidentiality, Disclosure, Health care professionals, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Goginashvili v. Georgia

Country: Georgia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Detainee, Detention, Hepatitis, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Kidney disease, Prison conditions
Download Judgment: English

Eremiášová and Pechová v. The Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23944/04
Health Topics: Prisons
Human Rights: Right to life
Facts:

V.P., the partner of the first applicant and son of the second applicant, was arrested for suspected burglary. At the Police Department he was charged with illegal entry into a house and theft. According to official reports, after V.P. signed the notice of charges, he asked to use the toilet. He was accompanied to the …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, Police
Download Judgment: English

M v. Ukraine

Country: Ukraine
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
Facts:

The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Forced examination, Forced treatment, Health facilities, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory examination, Mandatory treatment, Mental disorder, Mental institution, Patient choice, Psychiatry, Public hospitals, Unauthorized treatment
Download Judgment: English

Shchebetov v. Russia

Country: Russia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 21731/02
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant had contracted HIV and Tuberculosis while in prison, and alleged that he was denied adequate medical care in violation of his Article 2 (right to life) and Article 3 (prohibition on torture or inhuman or degrading treatment) rights under the European Convention on Human Rights (“Convention”). In 1997, the applicant was sentenced to …Read more

Tags: Access to health care, Access to treatment, Custody, HIV, HIV positive, Imprisonment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Prison conditions, TB, Transmission, Tuberculosis
Download Judgment: English

Hristozov and Others v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Cancer, Clinical testing, Clinical trials, Drug quality, Drug safety, Experimental treatment, Informed choice, Non-communicable diseases, Patient choice, Tertiary care
Download Judgment: English