414 judgments found.

Burditt v. U.S. Department of Health and Human Services

Country: United States
Year: 1991
Court: United States Court of Appeals, Fifth Circuit
Citation: Burditt v. U.S. Department of Health and Human Services 934 F.2d 1362 (5th Cir. 1991)
Health Topics: Health care and health services, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right to health
Facts:

Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more

Tags: Access to health care, Access to treatment, Childbirth, Damages, Duty of care, Emergency care, Examination, Healthcare professionals Health care workers, Inadequate treatment, Indigent
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Glanz v. Vernick

Country: United States
Year: 1991
Court: United States District Court, D. Massachusetts
Citation: Glanz v. Vernick 756 F. Supp. 632 (D. Mass. 1991)
Health Topics: Health care and health services, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to health
Facts:

In 1989, plaintiff’s decedent, Raymond Vadnais brought this suit against defendants, Dr. Vernick and Beth Israel, alleging discrimination in violation of Section 504 of the Rehabilitation Act of 1973. Mr. Vadnais claimed that Dr. Vernick, an employee of the Beth Israel’s Ear Nose and Throat Clinic, refused to perform elective ear surgery on him because …Read more

Tags: Access to health care, Access to treatment, Clinics, HIV positive, HIV status, Public hospitals
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Harris v. Thigpen

Country: United States
Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more

Tags: Access to health care, Access to treatment, AIDS, Compulsory testing, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Involuntary testing, Jail, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Primary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Borowski v. Attorney General of Canada

Country: Canada
Year: 1989
Court: Supreme Court
Citation: [1989] 1 S.C.R. 342
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to liberty and security of person, Right to life
Facts:

The appellant, Mr Borowski, challenged the validity of s 251(4), (5) and (6) of the Canadian Criminal Code on the basis that the provisions contravened the rights of the fetus. He argued these provisions allowed for abortions to occur in circumstances that were too liberal, and, as such, they infringed a fetus’s rights to life, …Read more

Tags: Abortion, Access to health care, Access to treatment, Pregnancy, Termination of pregnancy, Therapeutic abortion
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Vikram v. State of Bihar

Country: India
Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1782; 1988 SCR Supl. (1) 755;1988 SCC Supl. 734; JT 1988 (3) 186; 1988 SCALE (2) 325
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Mental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to water and sanitation
Facts:

This writ petition had been filed in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for violation of fundamental rights), as a result of a letter outlining the condition of women in a “care home.” It was alleged in the letter that female inmates were made to live …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Diet, Health facilities, Malnutrition, Mental disability, Mental illness, Mental institution, Primary care, Sewage
Download Judgment: English

Wideman v. Shallowford Community Hospital

Country: United States
Year: 1987
Court: United States Court of Appeals, Eleventh Circuit
Citation: Wideman v. Shallowford Community Hospital 826 F. 2d 1030 (11th Cir. 1987)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

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

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals
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Case 39/84

Country: Portugal
Year: 1984
Court: Constitutional Court
Citation: Acórdão N.º 39/84
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

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

Tags: Access to health care, Budget, Health expenditures, Health funding
Download Judgment: Portuguese

Case 24735

Country: France
Year: 1982
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°24735
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

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.

Tags: Access to health care, Clinics, Health facilities, Health regulation, Private hospitals, Public hospitals
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Payton v. Weaver

Country: United States
Year: 1982
Court: Court of Appeal, First District, Division 1, California
Citation: Payton v. Weaver 182 Cal. Rptr. 225 (Cal. Ct. App. 1982)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Medical malpractice, Mental health, Poverty
Human Rights: Right to health
Facts:

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

Tags: Access to health care, Access to treatment, Addiction, Damages, Drug abuse, Duty of care, Indigent, Kidney disease, Low income, Mental illness, Substance abuse
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Paton v. United Kingdom

Country: United Kingdom
Year: 1980
Court: European Commission on Human Rights
Citation: App. No. 8416/78, 3 Eur. H.R. Rep. 408 (1980)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Freedom of religion, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

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

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Family planning, Pregnancy, Spousal consent, Spousal notification, Termination of pregnancy, Therapeutic abortion
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