95 judgments found.

Doe v. Wigginton

Country: United States
Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Examination, First-line treatment, Health data, Health information, Heart disease, Imprisonment, Inmate, Jail, Medical records, Non-disclosure, Noncommunicable diseases, Pharmaceuticals, Second-line treatment, Secondary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Tertiary care, Torture
Download Judgment: English

Multimedia WMAZ v. Kubach

Country: United States
Year: 1994
Court: Court of Appeals of Georgia
Citation: 443 SE 2d 491 (1994)
Health Topics: Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The plaintiff brought suit for invasion of privacy against the defendant, a broadcasting company, for the failure to adequately digitize the claimant’s image in a televised show on the topic of AIDS. The plaintiff was diagnosed with AIDS in 1987. While originally depressed and in poor condition after diagnosis, the plaintiff had a turnaround in …Read more

Tags: AIDS, Confidentiality, Disclosure, Gay, HIV, HIV positive, HIV status, Homosexual, LGBTI, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy
Download Judgment: English

McInerney v. MacDonald

Country: Canada
Year: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 138
Health Topics: Health care and health services, Health information, Hospitals
Human Rights: Right of access to information
Facts:

The respondent, patient, had requested copies of her complete medical records from her physician, the appellant. The patient’s physician provided copies of all the records that she had prepared to the patient. However, she refused to provide copies of the medical reports and records, which she had received from other physicians who had treated the …Read more

Tags: Access to health care, Clinics, Confidentiality, Disclosure, Freedom of information, Health data, Health facilities, Health information, Health records, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Doe v. Attorney General of the US

Country: United States
Year: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
Facts:

John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more

Tags: AIDS, Clinics, Confidentiality, Disabled, Employment, Examination, Handicapped, Health care professionals, Health care workers, HIV, HIV positive, Law enforcement, People living with HIV/AIDS, PLHIV
Download Judgment: English

Harris v. Thigpen

Country: United States
Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more

Tags: Access to health care, Access to treatment, AIDS, Compulsory testing, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Involuntary testing, Jail, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Primary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Leckelt v. Board of Commissioners

Country: United States
Year: 1990
Court: 5th Circuit Court of Appeal
Citation: 909 F.2d 820 (1990)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to privacy
Facts:

Appellant Leckelt, a licensed practical nurse, was discharged by his hospital employer when he refused to provide the hospital with his HIV antibody test results. In his capacity as a nurse, Leckelt performed a number of functions, including administering medication orally and by injection, and working in the intensive care unit and the emergency room. …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

W v. Egdell

Country: United Kingdom
Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more

Tags: Compulsory commitment, Compulsory confinement, Confidentiality, Disclosure, Examination, Health records, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure, Paranoia, Psychiatry, Psychology, Psychosis, Schizophrenia, Secrecy
Download Judgment: English

YG v. Jewish Hospital

Country: United States
Year: 1990
Court: Court of Appeals of Missouri
Citation: 795 SW 2d 488 (1990)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Appellants, Y.G. and L.G, husband and wife, brought this common law tort claim of an invasion of privacy. At the time of the incident, the wife, L.G., was five months pregnant, bearing triplets conceived through in vitro fertilization (IVF) at and under the guidance of the Jewish Hospital of St. Louis (the Hospital). The …Read more

Tags: Confidentiality, Disclosure, Family planning, Health information, In vitro fertilization, Infertility, Non-disclosure, Pregnancy, Secrecy
Download Judgment: English

Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French