52 judgments found.

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Yemshaw v. London Borough of Houslow

Country: United Kingdom
Year: 2009
Court: The Supreme Court of the United Kingdom
Citation: [2009] EWCA Civ 1543
Health Topics: Child and adolescent health, Mental health, Violence
Human Rights: Right to bodily integrity, Right to housing
Facts:

The appellant approached the housing authority for help in finding alternate accommodation for her. Under Section 177(1) of the Homelessness Act (2002), it was not reasonable for a person to remain in their house if there was a possibility of domestic or other violence. The appellant’s husband was mistreating her, verbally abusing her and would …Read more

Tags: Assault, Children, Depression, Domestic abuse, Domestic violence, Minor, Trauma, Violence against women
Download Judgment: English

Right to Life New Zealand Inc. v. Abortion Supervisory Committee

Country: New Zealand
Year: 2008
Court: High Court
Citation: [2008] NZHC 865; [2008] 2 NZLR 825
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to liberty and security of person, Right to life
Facts:

This case was amended by a Judgment on Declaratory Relief and then overruled by the Court of Appeal in [2011] NZCA 246. The applicant, the Right to Life New Zealand (RTL), argued that the high rate of abortion in New Zealand indicated women were accessing “abortions on request” in contravention of the Contraception, Sterilisation and Abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Clinics, Counseling, Depression, Diagnostics, Health care professionals, Health care workers, Health facilities, Health records, Health regulation, Maternal health, Medical records, Pregnancy, Standard of care, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English

KR (Iraq) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2007
Court: Court of Appeal, Civil Division
Citation: [2007] EWCA Civ 514
Health Topics: Controlled substances, Health care and health services, Medicines, Mental health
Human Rights: Right to family life
Facts:

KR was an Iraqi Kurd. He was a lieutenant in the state police under Saddam Hussein’s regime but acted as an informer for the separatist PUK movement. In 1987 his clandestine activity was suspected. He was detained and tortured but the following year was released and resumed work as a police officer. In 1991 he …Read more

Tags: Access to drugs, Access to health care, Access to treatment, Asylum, Depression, Immigration, Mental disability, Mental disorder, Mental illness, Mental institution, Migrants, Psychotropic drugs, Refugees, Suicide
Download Judgment: English

Case 572 (T.D.Z. Case)

Country: Bulgaria
Year: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

Tags: Access to drugs, Access to medicines, Budget, Cancer, Compensation, Cruel treatment, Damages, Depression, Employment, Essential medicines, Health funding, Health regulation, Health spending, Inadequate treatment, Inhuman treatment, Non-pecuniary damage, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, Social security
Download Judgment: English

R (on the application of Al Rawi and Ors.) v. Secretary of State for Foreign and Commonwealh Affairs

Country: United Kingdom
Year: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics: Diet and nutrition, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …Read more

Tags: Abuse, Armed conflict, Asylum, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Depression, Detainee, Detention, Humiliating treatment, Hunger strike, Immigration, Inhuman treatment, Jail, Migrants, Military, Prison conditions, Refugees, Sexual abuse, Solitary confinement, Terrorism, Threat of violence, Torture
Download Judgment: English

Royal Women’s Hospital v. Medical Practitioners Board of Victoria

Country: Australia
Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
Facts:

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Tags: Abortion, Confidentiality, Depression, Disclosure, Freedom of information, Handicapped, Health care professionals, Health care workers, Health records, Maternal health, Medical records, Misdiagnosis, Non-disclosure, Pregnancy, Public hospitals, Secrecy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

Sestan v. Director of Area Mental Health Services Waitemata District Health Board

Country: New Zealand
Year: 2006
Court: Court of Appeal
Citation: [2006] NZCA 350; [2007] 1 NZLR 767
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. Sestan had depression and bipolar/schizoaffective disorder, which included manic stages where he would be psychotic. He had been admitted to hospital for his condition numerous times. After a suspected manic episode where Mr. Sestan attempted to force another car off the road and bought two apartment, Mr. Sestan went to the emergency department for …Read more

Tags: Bipolar, Compulsory commitment, Compulsory confinement, Depression, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Psychiatry, Schizophrenia
Download Judgment: English

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
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