128 judgments found.

Policlínica Privada de Medicina y Cirugía S.A. v. Municipalidad de la Ciudad de Buenos Aires

Country: Argentina
Year: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 169.XXXIII
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to housing, Right to social security
Facts:

Policlínica Privada de Medicina y Cirugía S.A. (Policlínica) brought aguarantee of protection of individual constitutional rights (amparo protection) against the resolution of the Health Secretary of the then Municipality of the City of Buenos Aires. Policlínica had sought to transfer a minor, who was receiving intensive care treatment in the Petitioner’s premises, to a public hospital. The minor …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Private hospitals, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

R (on application of S) v. Louize Collins and Ors.

Country: United Kingdom
Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more

Tags: Caesarean, Childbirth, Compulsory treatment, Depression, Diagnostics, Eclampsia, Emergency care, Examination, Forced treatment, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Public hospitals, Unauthorized treatment
Download Judgment: English

In re MB (medical treatment)

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to privacy
Facts:

A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Emergency care, Incompetence, Informed choice, Involuntary treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

Joint Stock Company “Transkop”, Bitola to the Constitutional Court

Country: Macedonia
Year: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more

Tags: Access to health care, Access to treatment, Emergency care, Employment, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement, Social security, Tertiary care
Download Judgment: English Macedonian

Lowns v. Woods; Procopis v. Woods

Country: Australia
Year: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
Facts:

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Inadequate treatment, Minor, Negligence, Neurological diseases, Pediatric health, Remedies, Standard of care, Tort
Download Judgment: English

Paschim Banga Khet Mazdoorsamity v. State of West Bengal and Anr

Country: India
Year: 1996
Court: Supreme Court
Citation: 1996 SCC (4) 37; JT 1996 (6) 43; 1996 SCALE (4) 282
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Poverty
Human Rights: Right to health, Right to life
Facts:

The Applicant, Hakim Seikh, fell from a train one evening and suffered severe head injuries. He approached, and was turned away from, six different hospitals during the course of this evening. Hakim eventually spent Rs. 17,000.00 for treatment at the Calcutta Medical Research Institute. The hospitals kept turning him away because they claimed not to …Read more

Tags: Duty of care, Emergency care, Public hospitals
Download Judgment: English

Case 1995-047f

Country: Belgium
Year: 1995
Court: La Cour d'arbitrage [The Court of Arbitration]
Citation: C. C., n°1995-045f, 6 June 1995
Health Topics: Health care and health services, Health systems and financing
Facts:

The petitioners were challenging a provision of a law that required the King to authorize every emergency medical training center in each province, where he would determine the “rules for organization and function and monitoring of the centers as well as the method for training and development”. They cited to article 128 of the Constitution, …Read more

Tags: Emergency care, Health regulation
Download Judgment: English French Flemish

McCourt v. Abernathy

Country: United States
Year: 1995
Court: Supreme Court of South Carolina
Citation: McCourt v. Abernathy 457 S.E. 2d 603 (S.C. 1995)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more

Tags: Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Inadequate treatment, Misdiagnosis, Negligence, Primary care, Standard of care, Testing, Tort
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In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Burditt v. U.S. Department of Health and Human Services

Country: United States
Year: 1991
Court: United States Court of Appeals, Fifth Circuit
Citation: Burditt v. U.S. Department of Health and Human Services 934 F.2d 1362 (5th Cir. 1991)
Health Topics: Health care and health services, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right to health
Facts:

Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more

Tags: Access to health care, Access to treatment, Childbirth, Damages, Duty of care, Emergency care, Examination, Healthcare professionals Health care workers, Inadequate treatment, Indigent
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