96 judgments found.

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

Citizens for Health v. Leavitt

Country: United States
Year: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics: Health information, Health systems and financing
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more

Tags: Confidentiality, Disclosure, Electronic health records, Health data, Health information, Health regulation, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Douglas v. Dobbs

Country: United States
Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics: Health information
Human Rights: Right to privacy
Facts:

The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more

Tags: Confidentiality, Disclosure, Health data, Health information, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Gajda v. Manhattan

Country: United States
Year: 2005
Court: 2nd Circuit Court of Appeal
Citation: 396 F.3d 187 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

Plaintiff Gajda, a bus driver for Defendant, challenged the District Court finding that it was “consistent with business necessity” under the Americans with Disabilities Act (ADA), § 12112(d)(4), for the Defendant to require the Plaintiff to disclose the results of his HIV-related laboratory tests. The relevant provision of the ADA states that “[a] covered entity …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

J.V. v. Flemish Government

Country: Belgium
Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
Facts:

J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Non-disclosure, Notification, People who use drugs, Performance-enhancing drugs, Secrecy, Substance abuse
Download Judgment: English French Flemish

Leonel v. American Airlines

Country: United States
Year: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Case 2004-162f

Country: Belgium
Year: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-162f, 20 October 2004
Health Topics: Health information
Human Rights: Right to privacy
Tags: Confidentiality, Disclosure
Download Judgment: French Flemish

Editions Plon v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Plon (société) v. Fr., App. No. 58148/00, 42 Eur. H.R. Rep. 36 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant, a publishing company named Plon, and the authors of a book that contained information about former French President Mitterrand’s secret battle with cancer, entitled “Le Grand Secret,” were stopped through a court injunction by the family of President Mitterrand from distributing the book. On 23 October 1996 the Paris tribunal de grande instance, …Read more

Tags: Cancer, Confidentiality, Disclosure, Health information, Secrecy
Download Judgment: English French

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English