113 judgments found.

Vinicio Poblete Vilches v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more

Tags: Access to treatment, Degrading treatment, Duty of care, Inadequate treatment, Inappropriate treatment, Negligence, Public hospitals, Remedies, Unauthorized treatment
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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

Case 2005 (A) 947

Country: Japan
Year: 2008
Court: Supreme Court [Saikō Saibansho]
Citation: Case No. 2005 (A) 947
Health Topics: Health systems and financing, HIV/AIDS, Medical malpractice
Facts:

This case concerned whether the accused, the Director of the Biologics and Antibiotics Division of the Pharmaceutical Affairs Bureau of the Ministry of Health and Welfare, could be held criminally negligent after a patient was given unheated blood products contaminated with HIV and later died of AIDS. The victim was a hemophiliac patient at Osaka …Read more

Tags: AIDS, Blood transfusion, Duty of care, Health regulation, HIV, HIV positive, Negligence, Standard of care, Transmission
Download Judgment: English

Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
Download Judgment: English Armenian Bulgarian French

Paxton v. Ramji

Country: Canada
Year: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more

Tags: Birth control, Child development, Childbirth, Children, Compensation, Contraception, Contraceptives, Counseling, Damages, Deaf, Differently abled, Disabled, Disclosure, Drug safety, Duty of care, Fertility, Handicapped, Health care professionals, Health care workers, Infant health, Informed choice, Maternal health, Negligence, Non-disclosure, Patient choice, Pediatric health, Pharmaceuticals, Physically challenged, Standard of care, Testing, Tort
Download Judgment: English

Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
Download Judgment: English Portuguese Spanish

Savage v. South Essex Partnership NHS Foundation Trust

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 74
Health Topics: Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

In July 2004 CS was being treated as a detained patient at Runwell Hospital under the Mental Health Act. She absconded and went on to commit suicide by throwing herself in front of a train. A public inquest was held and concluded that the precautions in place at the hospital were inadequate. S, the daughter …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Mandatory commitment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Schizophrenia, Suicide, Tort
Download Judgment: English

E.B. v. X

Country: Italy
Year: 2007
Court: Supreme Court of Cassation
Citation: Case No. 21748/2007 of 16 October 2007
Health Topics: Diet and nutrition, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible  cessation  of  all  encephalon  functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more

Tags: Compulsory treatment, Disabled, Duty of care, Food, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Starvation, Unauthorized treatment
Download Judgment: English Italian

Gonzales v. Carhart

Country: United States
Year: 2007
Court: Supreme Court
Citation: 550 U.S. 124 (2007)
Health Topics: Health care and health services, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Respondents, doctors who performed second-trimester abortions, brought suit challenging the constitutionality of the federal Partial Birth Abortion Ban Act of 2003 (the Act). The Act banned second trimester abortions using the “intact Dilation & Extraction” (intact D&E) method in which the doctor removed the fetus intact, or largely intact, rather than breaking the fetus …Read more

Tags: Abortion, Abortion technique, Access to treatment, Criminalization, Duty of care, Maternal health, Negligence, Partial birth abortion, Pregnancy, Termination of pregnancy
Download Judgment: English

Kutaisi Regional Blood Bank v. Lamira Chaladze

Country: Georgia
Year: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
Facts:

While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank.  After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more

Tags: AIDS, Blood transfusion, Breast feeding, Childbirth, Compensation, Damages, Disclosure, Duty of care, Health care technology, HIV, HIV positive, HIV status, Infant health, Informed choice, Maternal health, Notification, People living with HIV/AIDS, PLHIV, Standard of care, Transmission
Download Judgment: English Georgian