104 judgments found.

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

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
Download Judgment: English

Madida v. Member of the Executive Council, Province of Kwa-Zulu-Natal

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
Download Judgment: English

Cameron Mathieson, a deceased child (by his father Craig Mathieson) v. Secretary of State for Work and Pensions

Country: United Kingdom
Year: 2015
Court: United Kingdom Supreme Court
Citation: [2015] UKSC 47; UKSC 2014/0166
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to social security
Facts:

The appellant, Craig Mathieson, represented his deceased son, whose Disability Living Allowance (DLA) had been suspended by the Secretary of State for Work and Pensions. The son had been severely disabled since birth and required a high level of care. His parents were his primary care-givers. The son was admitted to the hospital for chronic …Read more

Tags: Budget, Child development, Child mortality, Children, Differently abled, Disabled, Handicapped, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Infant health, Infant mortality, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Physically challenged, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English

Kanthasamy v Canada (Citizenship and Immigration)

Country: Canada
Year: 2015
Court: The Supreme Court of Canada
Citation: 2015 SCC 61
Health Topics: Child and adolescent health, Disasters and emergencies, Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The appellant was a 17 year old boy who applied for permanent residence from within Canada, having previously landed as a refugee claimant. He travelled to Canada to escape threatened violence from the army and police in Sri Lanka, his native country after he was detained and questioned by the Sri Lankan police and army. …Read more

Tags: Abuse, Access to healthcare, Access to treatment, Armed conflict, Assault, Asylum, Child development, Children, Custody, Depression, Detainee, Detention, Humanitarian crisis, Immigrants, Immigration, Law enforcement, Manmade disaster, Mental disorder, Mental illness, Migrants, Military, Minor, Police, Psychology, Refugees, Trauma
Download Judgment: English

Baby “A” (suing through her mother, E.A.), et al.v. Attorney General, et al.

Country: Kenya
Year: 2014
Court: High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
Citation: Petition No. 266 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to acquire nationality
Facts:

Baby A, was born with both male and female genitalia. The respondent, Kenyatta National Hospital issued E.A (the mother of Baby A) documents used in the process of carrying out genitogram tests, x-rays and scans of the Baby A in which the column indicating the child’s sex was filled in with a question mark. Baby …Read more

Tags: Child development, Children, Diagnostics, Examination, Health data, Infant health, Intersex, Minor, Parental consent, Pediatric health
Download Judgment: English

H v. Fetal Assessment Centre

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
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

F.K.A.G. et al. v. Australia

Country: Australia
Year: 2013
Court: United Nations Human Rights Committee
Citation: Communication No. 2049/2011, CCPR/C/108/D/2094/2011
Health Topics: Child and adolescent health, Health care and health services, Mental health, Prisons
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:

The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”).   At the time of the submission, all of the authors were …Read more

Tags: Access to health care, Access to treatment, Asylum, Child development, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Immigration, Inhuman treatment, Migrants, Refugees, Suicide
Download Judgment: English

Inglis v. British Columbia (Minister of Public Safety)

Country: Canada
Year: 2013
Court: British Columbia Supreme Court
Citation: 2013 BCSC 2309
Health Topics: Child and adolescent health, Poverty, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
Facts:

The plaintiffs brought a case before the British Columbia Supreme Court following the 2006-2007 decision by the Ministry of Public Safety to cancel the Mother Baby Program at the Alouette Correctional Centre for Women, a women’s prison. This program had allowed incarcerated mothers and their babies to live at the institution together, subject to the …Read more

Tags: Breastfeeding, Child development, Children, Cruel and unusual punishment, Custody, Detainee, Detention, Imprisonment, Incarceration, Indigent, Infant health, Inmate, Jail, Low income, Maternal health, Pediatric health, Poor, Prison conditions, Underprivileged
Download Judgment: English

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
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
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English