7 judgments found.

Case of Hristozov v. Bulgaria

Country: Bulgaria
Year: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 47039/11 and 358/12
Health Topics: Health care and health services, Hospitals, Medicines
Human Rights: Right to family life, Right to health, Right to life, Right to privacy
Facts:

The applicants were all terminally ill cancer patients (four of them died since the filing of the application). They were unsuccessful in trying to find a cure and tried many conventional treatments such as chemotherapy, radiotherapy and hormone therapy. Thereafter they approached a private clinic in Sofia and found out that an anti-cancer experimental product …Read more

Tags: Access to health care, Access to treatment, Alternative medicine, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Experimental treatment, Health facilities
Download Judgment: English

Hristozov and Others v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Cancer, Clinical testing, Clinical trials, Drug quality, Drug safety, Experimental treatment, Informed choice, Non-communicable diseases, Patient choice, Tertiary care
Download Judgment: English

Panaitescu v. Romania

Country: Romania
Year: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cancer, Clinics, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Subsidies
Download Judgment: English

R v. Parker

Country: Canada
Year: 2000
Court: Ontario Court of Appeal
Citation: [2000] OJ No. 2787, 135 OAC 1
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Hospitals, Informed consent, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Terrance Parker suffered from severe epilepsy since he was a young child. He could substantially reduce the incidence of seizures by smoking marihuana, but he had no legal source of marihuana. Parker was charged with cultivating marihuana under the Narcotic Control Act and with possession of marihuana under the new Controlled Drugs and Substances Act. …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Clinical testing, Clinical trials, Criminalization, Drug enforcement, Drug safety, Drug use, Epilepsy, Experimental treatment, Harm reduction, Manufacturing, Marijuana, Neurological diseases, Patient choice, People who use drugs
Download Judgment: English

R v. Cambridge Health Authority, ex parte Beckwith

Country: United Kingdom
Year: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
Facts:

The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995,  B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more

Tags: Access to treatment, Budget, Cancer, Children, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Leukemia, Minor, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals, Second-line treatment, Subsidies, Tertiary care
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
Facts:

The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son.  The experimental drug …Read more

Tags: Access to drugs, Access to treatment, Cancer, Clinical trials, Experimental treatment, Informed choice, Patient choice, Right to Health, Right to Life
Download Judgment: Spanish
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