113 judgments found.

Afrox Healthcare (Pty.) Ltd. v. Strydom

Country: South Africa
Year: 2002
Court: Supreme Court of Appeal
Citation: 2002 (6) SA 21 (SCA)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The Appellant was the owner of a private hospital that had admitted the Respondent for an operation. Following the operation, the Respondent suffered some complications as a result of the negligent conduct of a nurse in the employ of the Appellant. Respondent sued the Appellant for damages. In the Supreme Court of Appeal, the Respondent …Read more

Tags: Compensation, Duty of care, Negligence, Private hospitals
Download Judgment: Afrikaans

Calvelli and Ciglio v. Italy

Country: Italy
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more

Tags: Childbirth, Children, Clinics, Diabetes, Duty of care, Health facilities, Inappropriate treatment, Infant mortality, Minor, Negligence, Pregnancy, Public hospitals, Tort
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Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo

Country: Nigeria
Year: 2001
Court: Supreme Court
Citation: (2002) AHRLR 159 (NgSC 2001); [2001] WRN 1
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of expression, Freedom of religion, Right to bodily integrity, Right to privacy
Facts:

The Medical and Dental Practitioners Disciplinary Tribunal (“the Tribunal”) brought charges to determine whether a practitioner is guilty of punishable “infamous conduct” when in deference to a patient’s religious views which he failed to provide live-saving blood transfusions, refer the patient to another practitioner, or terminate his medical contract. The patient, Martha Okorie, and her …Read more

Tags: Duty of care, Health care professionals, Health care workers, Informed choice, Negligence, Non-consensual testing and treatment, Patient choice, Standard of care
Download Judgment: English

In re A (children)

Country: United Kingdom
Year: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics: Child and adolescent health, Disabilities, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more

Tags: Children, Disabled, Duty of care, Forced treatment, Incompetence, Infant health, Involuntary treatment, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Public hospitals, Unauthorized treatment
Download Judgment: English

Stenberg v. Carhart

Country: United States
Year: 2000
Court: Supreme Court
Citation: 530 U.S. 924 (2000)
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Carhart, a physician who performed abortions, brought suit challenging the constitutional validity of a Nebraska statute which prohibited non-lifesaving “partial birth abortions.” The statute defined this procedure as “deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing …Read more

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

BT v. Oei

Country: Australia
Year: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
Facts:

The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more

Tags: AIDS, Awareness, Compensation, Condoms, Confidentiality, Contraceptives, Counseling, Damages, Depression, Diagnostics, Disclosure, Duty of care, Gay, Harm reduction, Health care professionals, Health care workers, Hepatitis, HIV, HIV positive, HIV status, Homosexual, Inadequate treatment, Inappropriate treatment, Injecting drug users, LGBTI, Most-at-risk, Negligence, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Queer, Remedies, Sex workers, Sexually transmitted diseases, Sexually transmitted infections, Spousal notification, Standard of care, STDs, STIs, Testing, Transmission
Download Judgment: English

Rae v. Strathclyde Joint Police Board

Country: United Kingdom
Year: 1999
Court: Scottish Court of Sessions
Citation: [1999] ScotCS 70
Health Topics: Chronic and noncommunicable diseases, Health information, Occupational health, Tobacco
Human Rights: Right to favorable working conditions
Facts:

Agnes Rae was passively exposed to cigarette smoke as a civilian employee at the Wishaw Police office during 1979 to 1994. She became ill as a result of this exposure. The Strathclyde Regional Council were the largest employer in Scotland at the time of this matter, and employed their own Occupational Health Department. In 1999, …Read more

Tags: Awareness, Duty of care, Employment, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Passive smoking, Safe working conditions, Second-hand smoke, Smoking, Standard of care
Download Judgment: English

Osman v. United Kingdom

Country: United Kingdom
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 23452/94; (1998) 29 EHRR 245; [1998] ECHR 101
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants are Mrs. Mulkiye Osman and her son Ahmet Osman. Mr. Ali Osman, the husband and father of the applicants, respectively, was shot dead by Mr. Paul Paget-Lewis on 7 March 1988. Mr. Paget-Lewis was a former instructor of Ahmet Osman and had developed a strong attachment to him. Ahmet Osman was also wounded …Read more

Tags: Duty of care, Mental disorder, Mental illness, Negligence, Tort
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Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English

DEVINDAR SINGH SHERGIL VS. STATE OF PUNJAB AND OTHERS

Country: India
Year: 1996
Court: Supreme Court of India
Citation: (1998) 8 SCC 552
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

The appellant, a retired government official was informed by Postgraduate Institute of Medical Sciences, Chandigarh that no accommodation was available in the hospital at the time when he needed an urgent surgery to be performed against a malignant growth in his kidney. Consequently, he went immediately to the United Kingdom to get his surgery done …Read more

Tags: Duty of care, public health
Download Judgment: English