79 judgments found.

X v. France

Country: France
Year: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more

Tags: AIDS, Blood transfusion, Compensation, Damages, HIV, HIV positive, HIV status, Negligence, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
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Burditt v. U.S. Department of Health and Human Services

Country: United States
Year: 1991
Court: United States Court of Appeals, Fifth Circuit
Citation: Burditt v. U.S. Department of Health and Human Services 934 F.2d 1362 (5th Cir. 1991)
Health Topics: Health care and health services, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right to health
Facts:

Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more

Tags: Access to health care, Access to treatment, Childbirth, Damages, Duty of care, Emergency care, Examination, Healthcare professionals Health care workers, Inadequate treatment, Indigent
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Malette v. Shulman et al.

Country: Canada
Year: 1990
Court: Ontario Supreme Court, Court of Appeal
Citation: 67 DLR (4th) 321, 72 OR (2d) 417
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of religion, Right to bodily integrity
Facts:

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

Tags: Compensation, Compulsory treatment, Damages, Duty of care, Emergency care, Forced treatment, Inappropriate treatment, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English

Wideman v. Shallowford Community Hospital

Country: United States
Year: 1987
Court: United States Court of Appeals, Eleventh Circuit
Citation: Wideman v. Shallowford Community Hospital 826 F. 2d 1030 (11th Cir. 1987)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

Plaintiffs, Toni Wideman and her husband, filed suit under 42 USCA Section 1983 which permits civil action for the deprivation of Constitutional rights, against defendants, DeKalb County, Shallowford Hospital, and three DeKalb County EMS employees in their official capacities, seeking damages for the wrongful death of their child. On April 12, 1984, Toni Wideman, who …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals
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Payton v. Weaver

Country: United States
Year: 1982
Court: Court of Appeal, First District, Division 1, California
Citation: Payton v. Weaver 182 Cal. Rptr. 225 (Cal. Ct. App. 1982)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Medical malpractice, Mental health, Poverty
Human Rights: Right to health
Facts:

Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more

Tags: Access to health care, Access to treatment, Addiction, Damages, Drug abuse, Duty of care, Indigent, Kidney disease, Low income, Mental illness, Substance abuse
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Sunshine Porcelain Potteries Proprietary Ltd. v. Nash

Country: Australia
Year: 1961
Court: Privy Council
Citation: [1961] AC 927; [1961] 3 All ER 203; [1961] 3 WLR 747; 105 SJ 606
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Facts:

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more

Tags: Asbestos, Damages, Disabled, Employment, Job safety, Lung disease, Noncommunicable diseases, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English

Wilmington General Hospital v. Manlove

Country: United States
Year: 1961
Court: Supreme Court of Delaware
Citation: Wilmington General Hospital v. Manlove 174 A. 2d 135 (Del. 1961)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to health
Facts:

Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital.  On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals, Infant health, Private hospitals
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Ricks v. Budge

Country: United States
Year: 1937
Court: Supreme Court of Utah
Citation: Ricks v. Budge 64 P.2d 208 (Utah 1937)
Health Topics: Health care and health services, Medical malpractice, Poverty
Human Rights: Right to health
Facts:

Plaintiff brought action for malpractice against defendant physicians at the “Budge Clinic,” for (1) negligently treating him and discharging him and (2) refusing to treat and abandoning him when he was in immediate need of medical treatment. On March 11, 1935 plaintiff went to Budge Memorial Hospital to seek treatment for an infected hand. Defendant …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Indigent, Low income, Negligence, Tort
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Hurley v. Eddingfield

Country: United States
Year: 1901
Court: Supreme Court of Indiana
Citation: Hurley v. Eddingfield 59 N.E. 1058 (Ind. 1901)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

Appellant George D. Hurley, as administrator, sued Appellee George W. Eddingfield, a licensed and practicing family physician, for $10,000 in damages for wrongfully causing the death of his intestate. Appellee had been the decedent’s family physician. Decedent became dangerously ill, and requested appellee’s service. A messenger informed appellee of decedent’s severe illness, gave him a …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals
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