82 judgments found.

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
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

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

Rabone v. Pennine Care NHS Foundation Trust

Country: United Kingdom
Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-pecuniary damages, Psychiatry, Psychology, Remedies, Standard of care, Suicide, Trauma
Download Judgment: English

Reynolds v. United Kingdom

Country: United Kingdom
Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disorder, Mental illness, Negligence, Non-pecuniary damage, Private hospitals, Psychiatry, Public hospitals, Remedies, Schizophrenia, Standard of care, Suicide, Tort, Trauma
Download Judgment: English

Case 451/2011

Country: Spain
Year: 2011
Court: Supreme Court
Citation: STS 451/2011
Health Topics: Infectious diseases, Medical malpractice, Medicines
Facts:

In 1982, a child was given aspirin in the hospital to fight against a respiratory disease with fever. Afterward, he developed Reye’s syndrome,  a kind of mental retardation. Attributing the disease to the administration of the aspirin, his parents brought a claim for financial liability from the Administration for a poor sanitary conditions. Their claim …Read more

Tags: Compensation, Damages, Drug safety, Negligence, Pharmaceuticals, Remedies, Tort
Download Judgment: English

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Case 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
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Case 3364/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 3364/2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Facts:

Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more

Tags: Abortion, Abortion counseling, Child development, Compensation, Damages, Differently abled, Disabled, Family planning, Negligence, Public hospital, Termination of pregnancy, Testing
Download Judgment: English Spanish

Case 508

Country: Bulgaria
Year: 2010
Court: Supreme Court of Cassation
Citation: SCC Decision № 508, dated June 18th, 2010, on civil case № 1411/2009, 3d Civil Division, Civil College
Health Topics: Medical malpractice
Facts:

The plaintiff had undergone surgery on April 13, 1999. On November 26, 2001, during preoperative procedures for a subsequent surgery, the doctors diagnosed her, preoperatively, with hydronephrosis, or water in the kidney, which is usually caused by an obstruction of free flow of urine from the kidney. During her procedure, the doctors identified silk catguts, …Read more

Tags: Compensation, Damages, Health care professionals, Health care workers, Negligence
Download Judgment: English