79 judgments found.

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
Download Judgment: English Chinese

Cattanach v. Melchior

Country: Australia
Year: 2003
Court: High Court
Citation: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38
Health Topics: Child and adolescent health, Medical malpractice, Sexual and reproductive health
Facts:

The respondents (plaintiffs at first instance), a married couple, decided not to have any more children. Mrs. M elected to have sterilization surgery (tubal litigation) performed by the appellant (defendant). Mrs. M told the appellant that her right fallopian tube had been removed and on examination that appeared to be correct, so appellant only performed …Read more

Tags: Child development, Childbirth, Children, Compensation, Damages, Duty of care, Family planning, Health care professionals, Negligence, Pregnancy, Sterilization, Tort
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

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

Naxakis v. Western General Hospital

Country: Australia
Year: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial
Facts:

In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more

Tags: Assault, Children, Compensation, Damages, Diagnostics, Examination, Health care professionals, Health care technology, Health care workers, Inadequate treatment, Minor, Misdiagnosis, Negligence, Pediatric health, Standard of care
Download Judgment: English

Causey v. St. Francis Medical Center

Country: United States
Year: 1998
Court: Court of Appeal of Louisiana
Citation: Causey v. St. Francis Medical Center 719 So. 2d 1072 (La. Ct. App. 1998)
Health Topics: Aging, Informed consent, Medical malpractice
Facts:

Plaintiffs, the Causey family, brought this petition for damages against defendants, St. Francis Medical Center (SFMC) and Dr. Harter, for administering treatment to decedent, Sonya Causey, without consent which they argued as an intentional tort outside of the scope of Louisiana’s Medical Malpractice Act. Claims that fell within the Medical Malpractice Act must be submitted …Read more

Tags: Aged persons, Damages, Elderly, Inappropriate treatment, Long-term care, Standard of care, Tort, Unauthorized treatment
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Lowns v. Woods; Procopis v. Woods

Country: Australia
Year: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
Facts:

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Inadequate treatment, Minor, Negligence, Neurological diseases, Pediatric health, Remedies, Standard of care, Tort
Download Judgment: English

CES and Anr. v. Superclinics and Ors.

Country: Australia
Year: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more

Tags: Abortion, Abortion counseling, Childbirth, Compensation, Counseling, Criminalization, Damages, Depression, Diagnostics, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Late-term abortion, Maternal health, Misdiagnosis, Negligence, Pregnancy, Remedies, Termination of pregnancy, Testing, Therapeutic abortion, Tort
Download Judgment: English

Kobe ter Neuzen v. Korn

Country: Canada
Year: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics: HIV/AIDS, Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Duty of care, HIV, HIV positive, In utero fertilization, Negligence, Non-pecuniary damage, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
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McCourt v. Abernathy

Country: United States
Year: 1995
Court: Supreme Court of South Carolina
Citation: McCourt v. Abernathy 457 S.E. 2d 603 (S.C. 1995)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more

Tags: Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Inadequate treatment, Misdiagnosis, Negligence, Primary care, Standard of care, Testing, Tort
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