Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.
Country: KenyaYear: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more
NN v. The Member of the Executive Council for Health
Country: South AfricaYear: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more
The Center for Health, Human Rights and Development & Ors. v. Nakaseke District
Country: UgandaYear: 2015
Court: High Court of Uganda at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more
A.K. v. Latvia
Country: LatviaYear: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to privacy
After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more
Dubska and Krejzova v. The Czech Republic
Country: Czech RepublicYear: 2014
Court: European Court of Human Rights
Citation: Application Nos. 28859/11 and 28473/12
Health Topics: Sexual and reproductive health
Human Rights: Right to health, Right to privacy
Ms. Sarka Dubska and Ms. Alexandra Krejzova sued the Government of the Czech Republic, alleging that a Czech law forbidding health professionals from attending home births was in violation of the right to private life as provided for in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Dubska …Read more
Government of the Republic of Namibia v. LM, et al.
Country: NamibiaYear: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more
Konovalova v. Russia
Country: RussiaYear: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to privacy
Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more
L.H. v. Latvia
Country: LatviaYear: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more
Cojocaru v. British Columbia Women’s Hospital and Health Centre
Country: CanadaYear: 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
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
G.B. and R.B. v. The Republic of Moldova
Country: MoldovaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more