79 judgments found.

Draon v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
Download Judgment: English French

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

Gregg v. Scott

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 2
Health Topics: Chronic and noncommunicable diseases, Medical malpractice
Facts:

Mr. Gregg consulted Dr. Scott, his general practitioner about a lump under his arm. Dr. Scott diagnosed the lump wrongfully as being benign. However, it was later discovered that the tumor was cancerous and had spread to various other parts of Mr. Gregg’s body. As a consequence of the Dr. Scott’s misdiagnosis, treatment for Mr. …Read more

Tags: Cancer, Compensation, Damages, Duty of care, Misdiagnosis, Negligence, Noncommunicable diseases, Remedies, Tort
Download Judgment: English

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

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

Maurice v. France

Country: France
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
Facts:

The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Disabled, Handicapped, Infant health, Maternal health, Minor, Misdiagnosis, Negligence, Physically challenged, Pregnancy, Remedies
Download Judgment: English French

N.V. v. LLC “… Hospital”

Country: Georgia
Year: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Tags: Aged persons, Compensation, Damages, Disabled, Duty of care, Handicapped, Inadequate treatment, Negligence, Older persons, Physically challenged, Public hospitals, Remedies, Standard of care
Download Judgment: English Georgian

Qobalia v. Ministry of Labour, Health and Social Affairs

Country: Georgia
Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more

Tags: Awareness, Children, Compensation, Damages, Drug quality, Drug safety, Health data, Health education, Immunization, Informed choice, Labeling, Minor, Neurological diseases, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English Georgian

Storck v. Germany

Country: Germany
Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Tags: Compensation, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Damages, Disabled, Forced examination, Forced treatment, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Paranoia, Psychiatry, Psychosis, Schizophrenia
Download Judgment: English French German

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

Vo v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 53924/00; (2005) 40 EHRR 12; 17 BHRC 1; [2005] Inquest LR 129; (2004) 79 BMLR 71; [2004] 2 FCR 577; [2004] ECHR 326
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

Mrs. Thi-Nho Vo attended Lyons General Hospital for a medical examination during her pregnancy. On the same day, another woman, Mrs. Thi Thanh Van Vo, was at the hospital to have a contraceptive coil removed. When Dr. G, the doctor who was to remove the coil from Mrs. Thi Thanh Van Vo, asked for ‘Mrs. …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Criminalization, Damages, Emergency care, Inappropriate treatment, Maternal health, Negligence, Pregnancy, Remedies, Termination of pregnancy, Therapeutic abortion, Tort
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