67 judgments found.

Case 94-19685

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

Tags: Awareness, Compensation, Counseling, Damages, Diagnostics, Duty of care, Freedom of information, Informed choice, Notification, Patient choice, Secrecy, Standard of care
Download Judgment: English French

Case 97-10267

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Appeal No. 97-10267. Cass civ I, 7 October 1998.
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more

Tags: Awareness, Duty of care, Informed choice, Notification, Patient choice, Standard of care
Download Judgment: English French

Marangopoulos Foundation for Human Rights (MFHR) v. Greece

Country: Greece
Year: 2005
Court: European Committee of Social Rights
Citation: Complaint No.30/2005
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health
Facts:

The plaintiff alleges that Greece failed to comply with its obligation to protect public health against air pollution of the  European Social Charter by allowing the operate of lignite mines and power stations without taking all necessary steps to reduce this impact. The MFHR bases its claim on studies of particulate matter that show that …Read more

Tags: Air pollution, Asthma, Awareness, Environmental degradation, Health education, Job safety, Lung disease, Occupational accident, Occupational health and safety, Pollution, Safe working conditions, Workers' compensation
Download Judgment: English

Pelman ex rel. Pelman v. McDonald’s Corp

Country: United States
Year: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health information
Human Rights: Right to health
Facts:

Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more

Tags: Advertising, Awareness, Cancer, Diabetes, Diet, Disclosure, Food, Food safety, Health promotion, Heart disease, Malnutrition, Noncommunicable diseases, Obesity
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Qobalia v. Ministry of Labour, Health and Social Affairs

Country: Georgia
Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more

Tags: Awareness, Children, Compensation, Damages, Drug quality, Drug safety, Health data, Health education, Immunization, Informed choice, Labeling, Minor, Neurological diseases, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English Georgian

Roche v. United Kingdom

Country: United Kingdom
Year: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Occupational health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to health, Right to privacy, Right to property
Facts:

Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more

Tags: Asthma, Awareness, Contamination, Cruel treatment, Degrading treatment, Duty of care, Inhuman treatment, Negligence, Notification, Pollution, Respiratory diseases, Tort, Torture, Toxic waste
Download Judgment: English French

AB and Ors. v. Leeds Teaching Hospital NHS Trust

Country: United Kingdom
Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to family life
Facts:

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Tags: Awareness, Childbirth, Depression, Diagnostics, Disclosure, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Health facilities, Informed choice, Mental disorder, Miscarriage, Negligence, Non-disclosure, Notification, Parental consent, Patient choice, Pregnancy, Public hospitals, Testing, Tort, Trauma
Download Judgment: English

Chester v. Afshar

Country: United Kingdom
Year: 2004
Court: House of Lords
Citation: [2004] UKHL 41
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

Carole Ogilvy Chester made a claim of medical negligence against her surgeon Fari Afshar and sought damages. Ms. Chester suffered from severe backaches for a considerable amount of time, and was referred to Dr. Afshar who was a renowned consultant neurosurgeon. Dr. Afshar advised her to go in for surgery, which she did. The surgery …Read more

Tags: Awareness, Duty of care, Informed choice, Negligence, Notification, Tort
Download Judgment: English

Öneryildiz v. Turkey

Country: Turkey
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 48939/99; (2005) 41 EHRR 20; [2004] ECHR 657; 18 BHRC 145, (2005); [2004] Inquest LR 108
Health Topics: Disasters and emergencies, Environmental health, Health information, Poverty, Water, sanitation and hygiene
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to housing, Right to life
Facts:

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

Tags: Awareness, Cleanliness, Cleansliness, Contamination, Environmental hazards, Forced displacement, Garbage, Indigent, Law enforcement, Low income, Manmade disaster, Pollution, Poor, Sewage, Trash, Underprivileged, Waste, Waste management
Download Judgment: English French

Santosh Mittal v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
Facts:

The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more

Tags: Awareness, Cancer, Clean water, Disclosure, Food, Food poisoning, Food safety, Freedom of information, Pesticide, Poisoning, Potable water, Safe drinking water
Download Judgment: English