119 judgments found.

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

Case 2005-016f

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]C. C., n°2005-016f, 19 January 2005
Citation: C. C., n°2005-016f, 19 January 2005
Health Topics: Health information
Tags: Confidentiality, Disclosure
Download Judgment: French Flemish

Case 270234

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°270234, 26 September 2005
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
Facts:

The petitioners brought this challenge to a decision of the French Minister of Health and Social Welfare and to a decree legislating the patient’s right to access his/her health information held by health professionals or facility and her/his right to use the help of a mandated third person to access such information. The petitioners requested the …Read more

Tags: Confidentiality, Disclosure, Health facilities, Health information, Health records, Medical records, Non-disclosure
Download Judgment: English French

Case 43/2005 (XI. 14)

Country: Hungary
Year: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

Citizens for Health v. Leavitt

Country: United States
Year: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics: Health information, Health systems and financing
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more

Tags: Confidentiality, Disclosure, Electronic health records, Health data, Health information, Health regulation, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Douglas v. Dobbs

Country: United States
Year: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics: Health information
Human Rights: Right to privacy
Facts:

The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more

Tags: Confidentiality, Disclosure, Health data, Health information, Medical records, Non-disclosure, Secrecy
Download Judgment: English

Enhorn v. Sweden

Country: Sweden
Year: 2005
Court: European Court of Human Rights
Citation: [2005] E.C.H.R. 56529/00
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases, Mental health, Public safety, Sexual and reproductive health
Human Rights: Right to liberty and security of person
Facts:

The Applicant was an HIV-positive man who had sex with men. He had transmitted HIV to another, younger man through a sexual encounter prior to his diagnosis. He was subsequently instructed by the county medical officer, among other things, not to have sexual intercourse without first disclosing to his partner that he was HIV-positive, to …Read more

Tags: Addiction, AIDS, Alcohol, Children, Clinics, Compulsory commitment, Compulsory confinement, Condoms, Counseling, Disclosure, Gay, HIV, HIV positive, Homosexual, Involuntary commitment, Involuntary confinement, Isolation, LGBTI, Mandatory commitment, Mandatory confinement, Mental disorder, Mental illness, Paranoia, People living with HIV/AIDS, PLHIV, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Substance abuse, Transmission
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

J.V. v. Flemish Government

Country: Belgium
Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
Facts:

J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Non-disclosure, Notification, People who use drugs, Performance-enhancing drugs, Secrecy, Substance abuse
Download Judgment: English French Flemish

Leonel v. American Airlines

Country: United States
Year: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
Facts:

The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English