128 judgments found.

Minister of Health and Social Services v. Lisse

Country: Namibia
Year: 2005
Court: Supreme Court
Citation: [2005] NASC 8
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to work
Facts:

Dr. Lisse, a private medical practitioner, challenged the Minister of Health and Social Services’ (Minister) decision to deny him authorization to conduct surgeries at the Windhoek State Hospital. Lisse was a registered medical practitioner and specialist obstetrician and gynecologist authorized to practice under the Medical and Dental Professions Act, 1993.  He opened a private practice …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Clinics, Emergency care, Health care professionals, Health care technology, Health care workers, Health facilities, Health insurance, Health regulation, Inappropriate treatment, Negligence, Patient choice, Private hospitals, Public hospitals, Secondary care, Social security, Tertiary care
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Pentiacova and Ors. v. Moldova

Country: Moldova
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Facts:

Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Emergency care, Essential medicines, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals
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Sarojini Sawhney v. Punjab University

Country: India
Year: 2005
Court: High Court - Punjab and Haryana
Citation: (2006) 142 PLR 175
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more

Tags: Access to treatment, Cancer, Emergency care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Case 3-4-1-7-04

Country: Estonia
Year: 2004
Court: Supreme Court
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

Petitioner sought nullification of the lower courts’ decisions finding that termination of his insurance coverage by the South Estonian division of Health Insurance Fund was lawful and that § 28 of the Constitution did not guarantee the right to any type of free health care. The South Estonian division of Health Insurance Fund sent a …Read more

Tags: Access to health care, Emergency care, Employment, Health funding, Health insurance, Health regulation, Social security
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Case III CK 546/03

Country: Poland
Year: 2004
Court: Supreme Court
Health Topics: Health care and health services, Health systems and financing, Hospitals
Facts:

The plaintiff, a hospital, entered into an agreement for in-patient healthcare service with the defendant, a regional health fund. The contract did not include a provision that the services provided by the Anaesthesiology and Intensive Care Unit (“ICU”) be contracted separately, but did provide that the amount to be paid by the defendant constituted the …Read more

Tags: Emergency care, Health facilities, Health insurance, Health regulation, Reimbursement
Download Judgment: English Polish

Du Plooy v. Minister of Correctional Services, et al.

Country: South Africa
Year: 2004
Court: High Court - Transvaal Provincial Division
Citation: [2004] 3 All SA 613 (T)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

The Applicant, a prisoner, was suffering from chronic myeloid leukemia, a terminal illness. He had no prospects of recovery and was on the verge of dying in prison. He sought the review and setting aside of Respondents’ refusal to release him on medical parole and requested his immediate release. He also requested an order allowing …Read more

Tags: Access to treatment, Cancer, Emergency care
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Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

Laxmi Chand v. Comptroller and Auditor General.

Country: India
Year: 2004
Court: Central Administrative Tribunal - Gwalior
Citation: 2005 (2) SLJ 145 CAT
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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Mazowiecki Regional Health Fund v. Healthcare Institution in Z

Country: Poland
Year: 2004
Court: Appellate Court - Warsaw
Citation: Mazowiecki Regional Health Fund v. Healthcare Institution in Z, Case No. I ACa 1/04 2004, Appellate Court (1st Civil Div.)
Health Topics: Health care and health services, Health systems and financing, Hospitals
Facts:

The dispute concerned the correct interpretation of healthcare statutes. In December of 1988, the Healthcare Institution in Z (the plaintiff) contracted with the Mazowiecki Regional Health Fund (the defendant) to provide healthcare benefits. (The defendant was an entity charged under the Act on Universal Health Insurance (the “Act”) to carry out certain obligations arising from the …Read more

Tags: Budget, Emergency care, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Public hospitals, Reimbursement, Subsidies
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