95 judgments found.

Herring v. Keenan

Country: United States
Year: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more

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

In re subpoena v. Dwight L Bailey

Country: United States
Year: 2000
Court: 4th Circuit Court of Appeal
Citation: 228 F.3d 341 (2000)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

In connection with an investigation into federal healthcare offenses, the Respondents, Dr Bailey and a professional healthcare association, were served with four subpoenas from the United States Attorney for the Western District of Virginia as authorized under 18 U.S.C. § 3486. The subpoenas required, among other things, the production of patient medical records. Section 3486(e)(1) …Read more

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

BT v. Oei

Country: Australia
Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
Facts:

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Tags: AIDS, Awareness, Compensation, Condoms, Confidentiality, Contraceptives, Counseling, Damages, Depression, Diagnostics, Disclosure, Duty of care, Gay, Harm reduction, Health care professionals, Health care workers, Hepatitis, HIV, HIV positive, HIV status, Homosexual, Inadequate treatment, Inappropriate treatment, Injecting drug users, LGBTI, Most-at-risk, Negligence, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Queer, Remedies, Sex workers, Sexually transmitted diseases, Sexually transmitted infections, Spousal notification, Standard of care, STDs, STIs, Testing, Transmission
Download Judgment: English

Lustig-Prean and Beckett v. United Kingdom

Country: United Kingdom
Year: 1999
Court: European Court of Human Rights
Citation: Applications No. 31417/96 and 32377/96; (2000) 29 EHRR 548; [1999] ECHR 71; 7 BHRC 65
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

Mr. Lustig-Prean and Mr. Beckett were discharged from the Royal Navy on the basis of their sexual orientation. In June 1994, Mr. Lustig-Prean was approached by military service police and, wanting to avoid further and less discrete investigations, Mr. Lustig-Prean admitted that he was homosexual. In May 1993, Mr. Beckett admitted to his superiors that …Read more

Tags: Bullying, Confidentiality, Disclosure, Employment, Gay, HIV, HIV status, Homosexual, Humiliating treatment, LGBTI, Military, Most-at-risk, Queer, Secrecy, Sexual orientation
Download Judgment: English French

Mr. X v. Hospital Z

Country: India
Year: 1998
Court: Supreme Court
Citation: AIR 1999 SC 495; JT 1998 (7) SC 626; 1998 (6) SCALE 230
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Right to family life, Right to life, Right to privacy
Facts:

Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more

Tags: Confidentiality, Disclosure, Health information, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Norman-Bloodsaw v. Lawrence Berkeley Laboratory

Country: United States
Year: 1998
Court: 9th Circuit Court of Appeals
Citation: 135 F.3d 1260 (9th Cir. 1998)
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right to privacy
Facts:

The Defendant, Lawrence Berkeley Laboratory (“Lawrence”) conducted mandatory pre-placement examinations of their employees. This mandatory exam took place after an employment offer but prior to the start of job duties. Each of the plaintiffs (current and former workers of the Defendant) had undergone this mandatory pre-placement exam. During these exams, plaintiffs completed medical history questionnaires …Read more

Tags: Confidentiality, Disclosure, Mandatory examination, Mandatory testing, Medical records, Non-consensual testing and treatment, Notification, Right to Privacy
Download Judgment: English

Andersson, Anne-Marie v. Sweden

Country: Sweden
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more

Tags: Confidentiality, Counseling, Disclosure, Health data, Health records, Health regulation, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Non-disclosure, Notification, Psychiatry, Psychology, Secrecy, Social security, Subsidies
Download Judgment: English French

Doe v. Marsh

Country: United States
Year: 1997
Court: 2nd Circuit Court of Appeal
Citation: 105 F.3d 106 (1997)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellants, Doe and Roe, brought this claim alleging that the respondent, Marsh, violated their right to privacy under the US Constitution. Doe and Roe were HIV positive individuals active in various HIV/AIDS support and advocacy organizations; both had participated in educational seminars for social workers and educators focused on HIV prevention. The seminars were …Read more

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

M.S. v. Sweden

Country: Sweden
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20837/92, Eur. Ct. H.R. 49 (1997).
Health Topics: Health information, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant was a Swedish citizen who slipped and fell at work. She made a claim for compensation under the Industrial Injury Insurance Act from the State Insurance Office. The applicant’s lawyer made a routine request for her file and it was revealed that the State Office had been in correspondence with the women’s clinic and …Read more

Tags: Abortion, Compensation, Confidentiality, Disclosure, Health data, Health records, Job safety, Medical records, Occupational accident, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English French

Z v. Finland

Country: Finland
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22009/93, 25 Eur. H.R. Rep. 371 (1997).
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Right to family life, Right to privacy
Facts:

The applicant, a Finnish national, had been married to X, who was not a Finnish national, at the time the events occurred. They were both infected with the human immunodeficiency virus (HIV). X was convicted for rape and during the criminal proceedings the court gave orders requiring the applicant’s medical advisers to give evidence. In …Read more

Tags: AIDS, Confidentiality, Disclosure, Health information, HIV, HIV positive, HIV status, Non-disclosure, People living with HIV/AIDS, PLHIV, Rape, Sexual abuse, Sexual assault, Sexual violence, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Violence against women