96 judgments found.

Kenya Legal and Ethical Network on HIV and AIDS (KELIN) & Others v. Cabinet Secretary-Ministry of Health & Others

Country: Kenya
Year: 2016
Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Citation: Petition No. 250 of 2015 (2016)
Health Topics: Child and adolescent health, Health care and health services, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more

Tags: AIDS, Awareness, Children, Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Minor, Most-at-risk, Non-disclosure, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Novruk and others v. Russia

Country: Russia
Year: 2016
Court: The European Court of Human Rights
Citation: Applications nos. 31039/11, 48511/11, 76810/12, 14618/13 and 13817/14
Health Topics: Health information, HIV/AIDS
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to family life
Facts:

The first applicant-Novruk, a Moldovian national after his first marriage and divorce, married Ms. S, a Russian national. The applicant discovered that he was HIV positive. Ms. S had a daughter from previous marriage and also was a foster mother to nine orphaned children. Some of the children were HIV positive. The applicant applied for …Read more

Tags: AIDS, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, Most-at-risk, People living with HIV/AIDS, PLHIV, Transmission
Download Judgment: English

Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.

Country: United States
Year: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health facilities, Health records, Medical records, Notification
Download Judgment: English

Hopkins v. Kay

Country: Canada
Year: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records, Public hospitals
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

Konovalova v. Russia

Country: Russia
Year: 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
Facts:

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

Tags: Childbirth, Confidentiality, Cruel treatment, Degrading treatment, Disclosure, Health care professionals, Health facilities, Health records, Humiliating treatment, Inappropriate treatment, Informed choice, Maternal health, Medical records, Non-pecuniary damage, Notification, Patient choice, Pregnancy, Public hospitals
Download Judgment: English

L.H. v. Latvia

Country: Latvia
Year: 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
Facts:

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

Tags: Caesarian, Childbirth, Compulsory sterilization, Confidentiality, Disclosure, Forced sterilization, Health records, Inappropriate treatment, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Medical records, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

Radu v. The Republic of Moldova

Country: Moldova
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 50073/07
Health Topics: Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff was a lecturer at the Police Academy in Moldova. In 2003, she became pregnant through artificial insemination. Due to her increased risk of miscarriage, a doctor at the No. 7 Center for Family Doctors (“the CFD”), a state-owned hospital, ordered her hospitalization. This extended hospitalization caused her to be absent from work. The …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, In vitro fertilization, Maternal health, Medical records, Non-disclosure, Pregnancy, Public hospitals, Secrecy
Download Judgment: English

Avilkina and Others v. Russia

Country: Russia
Year: 2013
Court: The European Court of Human Rights
Citation: ECHR 171 (2013)
Health Topics: Health information, Hospitals, Informed consent
Human Rights: Freedom from discrimination, Freedom of religion, Right to privacy
Facts:

The applicant organization is a religious organization. Another organization wrote to the Russian president accusing the applicant organization of extremism and that an inquiry must be ensued into their activities. The letter was forwarded to the Prosecutor’s office and no violation was found. However, the applicant organization was not given access to the filed concerning …Read more

Tags: Clinics, Confidentiality, Disclosure, Freedom of information, Health data, Health records, Medical records, Private hospitals, Public hospitals, Secrecy
Download Judgment: English

Logan v. Hong

Country: Canada
Year: 2013
Court: Court of Appeal for British Columbia
Citation: 2013 BCCA 249
Health Topics: Controlled substances, Health information, Medicines
Facts:

The plaintiff qualified for a class action suit and sought to gather members to the class. The class action was filed for physical harm suffered by patients who were injected with a cosmetic facial filler called Dermalive manufactured by Dermatech, Intradermal Distribution Inc., and Vivier Pharma Inc. The plaintiff proposed to directly notify class members …Read more

Tags: Confidentiality, Disclosure, Drug enforcement, Drug quality, Drug safety, Health care professionals, Health care workers, Health data, Health records, Manufacturing, Medical records, Pharmaceuticals
Download Judgment: English
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