96 judgments found.

Botros v Beadle

Country: Canada
Year: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more

Tags: Clinics, Confidentiality, Diagnostics, Disclosure, Freedom of information, Health care professionals, Health care workers, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-disclosure, Public hospitals, Secrecy, Testing
Download Judgment: English

L.L v. France

Country: France
Year: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
Facts:

In a proceeding for divorce, a confidential medical document (a correspondence between the applicant’s doctor and a specialist) indicating the applicant’s alcoholism was relied upon. The judge further quoted paragraphs from the document in his judgment and the divorce was granted on the grounds of fault committed by the applicant. The applicant’s request for legal …Read more

Tags: Alcohol, Confidentiality, Disclosure, Health data, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English French

M. v. United Kingdom

Country: United Kingdom
Year: 2007
Court: European Court of Human Rights
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy, Right to social security
Facts:

The applicant, a mental health patient, brought action against the Secretary of State for Health alleging violations of Articles 8 (private life), 13 (ineffective remedy) and 46.1 (failure to change law) of the European Convention on human Rights when she was without power to change or even make objections to the identity of her ’nearest …Read more

Tags: Confidentiality, Disclosure, Health data, Health records, Medical records, Molestation, Remedies, Secrecy, Sexual abuse
Download Judgment: English

NM v. Smith

Country: South Africa
Year: 2007
Court: Constitutional Court
Citation: [2007] ZACC 6; Case CCT 69/05
Health Topics: Health information, HIV/AIDS, Informed consent
Human Rights: Right to privacy
Facts:

A publishing company published a biography on a South African member of parliament that disclosed the names of three women who were HIV-positive. The three women alleged that their names had been published in the book without their prior consent having been obtained. They had participated in clinical trials, known as the FTC 302 trials, directed …Read more

Tags: Clinical trials, Confidentiality, Disclosure, Health data, Health records, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV
Download Judgment: English

Panteleyenko v. Ukraine

Country: Ukraine
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 11901/02
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

In 1999 criminal charges were brought against the applicant for abuse of power and forgery of official documents. The applicant was a private notary and, according to the prosecutors’ allegations, had fraudulently certified title and real-estate transactions using invalid registration forms. As part of the investigation into these charges, the applicant’s office was searched, and …Read more

Tags: Confidentiality, Disclosure, Health data, Health records, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure
Download Judgment: English

Case 2-A-216-1/06

Country: Ukraine
Year: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more

Tags: Confidentiality, Disclosure, Employment, Health care professionals, Health insurance, Health records, Health regulation, Medical records, Non-disclosure, Social security
Download Judgment: English

R (on the application of Axon) v. Secretary of State for Health and Anr.

Country: United Kingdom
Year: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
Facts:

The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Birth control, Childbirth, Children, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Maternal health, Maternal mortality, Minor, Non-disclosure, Notification, Parental consent, Parental notification, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Termination of pregnancy
Download Judgment: English

Royal Women’s Hospital v. Medical Practitioners Board of Victoria

Country: Australia
Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
Facts:

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Tags: Abortion, Confidentiality, Depression, Disclosure, Freedom of information, Handicapped, Health care professionals, Health care workers, Health records, Maternal health, Medical records, Misdiagnosis, Non-disclosure, Pregnancy, Public hospitals, Secrecy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Case 2005-016f

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]C. C., n°2005-016f, 19 January 2005
Citation: C. C., n°2005-016f, 19 January 2005
Health Topics: Health information
Tags: Confidentiality, Disclosure
Download Judgment: French Flemish

Case 270234

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°270234, 26 September 2005
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
Facts:

The petitioners brought this challenge to a decision of the French Minister of Health and Social Welfare and to a decree legislating the patient’s right to access his/her health information held by health professionals or facility and her/his right to use the help of a mandated third person to access such information. The petitioners requested the …Read more

Tags: Confidentiality, Disclosure, Health facilities, Health information, Health records, Medical records, Non-disclosure
Download Judgment: English French