95 judgments found.

Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English

C v. Minister of Correctional Services

Country: South Africa
Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
Facts:

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Custody, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary testing, Jail, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Case SU-256/96

Country: Colombia
Year: 1996
Court: Constitutional Court
Health Topics: Health information, HIV/AIDS, Informed consent, Occupational health
Human Rights: Freedom from discrimination, Right to health, Right to privacy, Right to social security, Right to work
Facts:

Mr. XX, the Plaintiff, worked for the Gun Club Corporation, the Respondent, from 16 March 1992 until 1 July 1994. On 28 April 1994, Dr. Alvaro Murra Erazo, who was working for the Respondent, administered an HIV test to the Plaintiff. After receiving a positive result, the Plaintiff was advised by Dr. Murra to resign …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Employment, HIV, HIV positive, HIV status, Involuntary testing, Job safety, Mandatory testing, Non-consensual testing and treatment, People living with HIV/AIDS, PLHIV, Safe working conditions, Transmission, Workers' compensation
Download Judgment: English Spanish

Jaffee v. Redmond

Country: United States
Year: 1996
Court: Supreme Court
Citation: 518 U.S. 1 (1996)
Health Topics: Health information, Mental health
Human Rights: Right to privacy
Facts:

Respondent, Redmond, received counseling from a licensed clinical social worker after a “traumatic incident” in which she shot and killed a man while on duty as a police officer. Petitioner, Allen, the administrator of the estate of the deceased, filed an action in the Federal District Court seeking damages and alleging that Respondent had violated …Read more

Tags: Confidentiality, Disclosure, Health data, Health information, Medical records, Mental disability, Mental disorder, Mental illness, Non-disclosure, Psychiatry, Psychology, Secrecy
Download Judgment: English

Yin v. State of California

Country: United States
Year: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics: Disabilities, Health information, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

Tags: Compulsory testing, Confidentiality, Disclosure, Employment, Health data, Health information, Involuntary testing, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, Secrecy
Download Judgment: English

Anderson v. Romero

Country: United States
Year: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more

Tags: AIDS, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Doe v. SEPTA

Country: United States
Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …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

McMichael v. United Kingdom

Country: United Kingdom
Year: 1995
Court: European Court of Human Rights
Citation: App. No. 16424/90, 20 Eur. H.R. Rep. 205 (1995).
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

Both applicants were living together as a couple and later got married. They both suffer from a history of mental illness. Mrs. McMichael gave birth to a son, A. She had a history of severe and recurrent mental illness and, on advice that the child would be at risk if he were to go home …Read more

Tags: Child development, Children, Confidentiality, Disclosure, Mental disability, Mental disorder, Mental illness, Minor, Non-disclosure
Download Judgment: English

ALA v. West Valley

Country: United States
Year: 1994
Court: 10th Circuit Court of Appeal
Citation: 26 F.3d 989 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant brought this appeal challenging the District Court’s grant of summary judgment declaring that the Appellant had not suffered an “injury in fact” and therefore had no standing. The Appellant was arrested at a retail store and the arresting police officer discovered, through a piece of paper in the Appellant’s wallet, that the Appellant …Read more

Tags: AIDS, Confidentiality, Disclosure, 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

Doe v. City of New York

Country: United States
Year: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellant, Doe, brought this suit against the City of New York  (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, LGBTI, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English