82 judgments found.

Case 5299/2010

Country: Spain
Year: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more

Tags: Caesarean, Childbirth, Compensation, Compulsory treatment, Damages, Diagnostics, Emergency care, Forced treatment, Health care professionals, Health care workers, Inappropriate treatment, Infant health, Informed choice, Involuntary treatment, Maternal health, Midwifery, Patient choice, Pregnancy, Remedies, Standard of care
Download Judgment: English

Case 5551/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 5551/2010
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Facts:

The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …Read more

Tags: Compensation, Damages, Fertility, Inappropriate treatment, Informed choice, Negligence, Patient choice, Public hospitals, Remedies, Tort
Download Judgment: English

Case 7026/2010

Country: Spain
Year: 2010
Court: Supreme Court
Citation: STS 7026/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Facts:

The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries.  When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more

Tags: Caesarean, Childbirth, Children, Compensation, Damages, Diabetes, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Patient choice, Pediatric health
Download Judgment: English Spanish

Claimants v Fonterra Brands (China) Limited

Country: China
Year: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
Facts:

The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more

Tags: Child and adolescent health: Child development, Children, Compensation, Diet and nutrition: Food safety, Duty of care, Infant health, Minor, Negligence, Remedies, Tort
Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom

Country: India
Year: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Facts:

Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more

Tags: Access to health care, Childbirth, Clinics, Compensation, Damages, Eclampsia, Emergency care, Health facilities, Healthcare professionals Health care workers, Inadequate care, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy
Download Judgment: English

Oyal v. Turkey

Country: Turkey
Year: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
Facts:

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Tags: AIDS, Blood transfusion, Children, Compensation, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health spending, HIV, HIV positive, HIV status, Indigent, Low income, Minor, Most-at-risk, Negligence, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Remedies, Standard of care, Subsidies, Testing, Tort, Underprivileged
Download Judgment: English

Case 2-88-09

Country: Russia
Year: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health insurance, Inadequate treatment, Inappropriate treatment, Misdiagnosis, Negligence, Police, Public hospitals
Download Judgment: English Russian

Case 4866/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Tags: Access to treatment, Caesarean, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health care professionals, Health care workers, Health facilities, Inadequate treatment, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Remedies, Standard of care, Tort
Download Judgment: English Spanish

Case 6895/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 6895/2009
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more

Tags: Compensation, Damages, Disclosure, Emergency care, Health care professionals, Heart disease, Inappropriate treatment, Informed choice, Negligence, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English Spanish