80 judgments found.

Erdinç Kurt and Others v. Turkey

Country: Turkey
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

Tags: Access to health care, Access to treatment, Children, Compensation, Damages, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Heart disease, Infant health, Minor, Negligence, Neurological diseases, Non-pecuniary damage, Pediatric health, Public hospitals, Remedies, Standard of care
Download Judgment: English

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

Tags: Access to health care, Child development, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Standard of care
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

Country: South Africa
Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Damages, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Neurological diseases, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Patient X v. College of Physicians and Surgeons of Nova Scotia

Country: Canada
Year: 2017
Court: Nova Scotia Court of Appeal
Citation: 2015 NSCA 41
Health Topics: Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

The appellant, Patient X,filed a complaint against a physician, Dr. Y, with the College of Physicians and Surgeons. She alleged that he inappropriately touched her breast and made racially inappropriate comments about her “black” lung capacity as compared to “white” lungs. The Investigation Committee dismissed the appellant’s complaint. The Committee’s written decision stated that there …Read more

Tags: Compensation, Damages, Depression, Duty of care, Examination, Health care professionals, Inappropriate treatment, Remedies, Standard of care, Trauma
Download Judgment: English

Preez v. Pretorius

Country: South Africa
Year: 2017
Court: Supreme Court of Appeal of South Africa
Citation: [2017] ZASCA 133
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

The Appellant was diagnosed with testicular cancer and his left testicle was surgically removed. He did not like the oncologist who was refered by the surgeon and decided to go for alternative therapies. The respondent practised alternative therapies and treated the appellant for more than a year. The Appellant went back to conventional treatment and …Read more

Tags: Compensation, Damages, Duty of care, Inadequate treatment, Negligence, Standard of care
Download Judgment: English

Links v. Member of the Executive Council, Northern Cape Province

Country: South Africa
Year: 2016
Court: The Constitutional Court of South Africa
Citation: [2016] ZACC 10
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

The applicant worked as a cleaner and dislocated his left thumb. He went to Kimberlery Hospital for medical treatment and he was sent home after a plaster of paris case was put on his left hand and forearm and was asked to come after 10 days. He returned to the hospital before the stipulated time …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Negligence, Patient choice, Public hospitals, Remedies, Standard of care
Download Judgment: English

Oppelt v. Head, Department of Health, Provincial Administration: Western Cape

Country: South Africa
Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health
Facts:

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Negligence, Neurological diseases, Public hospitals, Remedies, Secondary care, Standard of care
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. Nakaseke District

Country: Uganda
Year: 2015
Court: High Court of Uganda at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Clinics, Compensation, Damages, Duty of care, Emergency care, Examination, Health care technology, Health facilities, Inadequate treatment, Maternal health, Maternal mortality, Minor, Negligence, Non-pecuniary damage, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English