113 judgments found.

Senturk v. Turkey

Country: Turkey
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

Tags: Access to health care, Access to treatment, Duty of care, Emergency care, Inadequate treatment, Inappropriate treatment, Maternal mortality, Miscarriage, Negligence, Out-of-pocket expenditures, Patient choice, Pregnancy, Private hospitals, Standard of care
Download Judgment: English

Z v. Poland

Country: Poland
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics: Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to life, Right to privacy
Facts:

The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more

Tags: Abortion, Conscientious objection, Degrading treatment, Disclosure, Duty of care, Health care professionals, Health records, Inadequate treatment, Maternal health, Maternal mortality, Medical records, Negligence, Pregnancy; Termination of pregnancy, Standard of care
Download Judgment: English

Center for Health Human Rights and Development, et al. v. Nakaseke District Local Administration

Country: Uganda
Year: 2012
Court: High Court at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more

Tags: Childbirth, Duty of care, Health care professionals, Health care workers, Inadequate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy, Public hospitals
Download Judgment: English

Dudley Lee v. Minister for Correctional Services

Country: South Africa
Year: 2012
Court: Constitutional Court
Citation: [2012] ZACC 30
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

While incarcerated in congested prison with poor hygienic conditions, Dudley Lee was infected with tuberculosis (TB).  The responsible prison authorities were aware of the risk of the inmates’ contracting TB, but did not have a comprehensive system in place to reduce the risk of infection. Rather, the prison authorities relied on a system of inmates …Read more

Tags: Access to health care, Access to treatment, Custody, Diagnostics, Duty of care, Examination, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Negligence, Prison conditions, Remedies, Standard of care, TB, Tort, Tuberculosis
Download Judgment: English

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Rabone v. Pennine Care NHS Foundation Trust

Country: United Kingdom
Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-pecuniary damages, Psychiatry, Psychology, Remedies, Standard of care, Suicide, Trauma
Download Judgment: English

Reynolds v. United Kingdom

Country: United Kingdom
Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disorder, Mental illness, Negligence, Non-pecuniary damage, Private hospitals, Psychiatry, Public hospitals, Remedies, Schizophrenia, Standard of care, Suicide, Tort, Trauma
Download Judgment: English

Hoffmann v. Member of Executive Council, Easter Cape

Country: South Africa
Year: 2011
Court: High Court of South Africa, Eastern Cape
Citation: Case no: 1037/2007
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff alleged medical negligence on behalf of the Dora Nginza Hospital (hereinafter referred to as “the hospital”. The plaintiff states that she was referred to the hospital as her blood sugar and blood pressure was high during pregnancy. She had also informed the hospital that she had had previous C-Section deliveries. She was also …Read more

Tags: Access to treatment, Caesarean, Childbirth, Clinics, Duty of care, Health facilities, Negligence, Patient choice, Remedies, Standard of care
Download Judgment: English

Rt 2011 s 666

Country: Norway
Year: 2011
Court: Supreme Court
Citation: Ref. HR-2011-2325-A
Health Topics: Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to liberty and security of person
Facts:

On the basis of information from A’s family, A’s primary physician requested that A be hospitalized as soon as possible at the Buskerud hospital. A’s primary physician was told by the physician at Buskerud hospital that in order for compulsory admission to occur A had to have been examined by an independent doctor within the …Read more

Tags: Compulsory commitment, Compulsory confinement, Duty of care, Health care professionals, Health facilities, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental illness, Mental institution, Non-consensual testing and treatment, Psychiatry, Psychology, Public hospitals
Download Judgment: English