38 judgments found.

Botros v Beadle

Country: Canada
Year: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more

Tags: Clinics, Confidentiality, Diagnostics, Disclosure, Freedom of information, Health care professionals, Health care workers, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-disclosure, Public hospitals, Secrecy, Testing
Download Judgment: English

Royal Women’s Hospital v. Medical Practitioners Board of Victoria

Country: Australia
Year: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
Facts:

In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more

Tags: Abortion, Confidentiality, Depression, Disclosure, Freedom of information, Handicapped, Health care professionals, Health care workers, Health records, Maternal health, Medical records, Misdiagnosis, Non-disclosure, Pregnancy, Public hospitals, Secrecy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

State v. Daniels

Country: United States
Year: 2006
Court: Supreme Court of Ohio
Citation: 108 Ohio St.3d 518 (2006); 2006-Ohio-1215
Health Topics: Child and adolescent health, Health information
Human Rights: Right of access to information
Facts:

The Cincinnati Health Department (CHD) refused a request from a reporter from the Cincinnati Enquirer (the Enquirer) for “copies of the 343 lead citations and any others that were issued between 1994 and the present.” The lead citations were lead-contamination notices issued to owners of units reported to be the residences of children whose blood …Read more

Tags: Child development, Children, Freedom of information, Health information, Health promotion, Minor, Notification
Download Judgment: English

Case 2005-147

Country: Belgium
Year: 2005
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2005-147, 28 September 2005
Health Topics: Health care and health services, Health information
Human Rights: Freedom of association
Tags: Access to health care, Access to treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health education, Health promotion
Download Judgment: French Flemish

Case 94-19685

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

Tags: Awareness, Compensation, Counseling, Damages, Diagnostics, Duty of care, Freedom of information, Informed choice, Notification, Patient choice, Secrecy, Standard of care
Download Judgment: English French

Santosh Mittal v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
Facts:

The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more

Tags: Awareness, Cancer, Clean water, Disclosure, Food, Food poisoning, Food safety, Freedom of information, Pesticide, Poisoning, Potable water, Safe drinking water
Download Judgment: English

Case 33-3161

Country: Russia
Year: 2002
Court: Arhangelsk Regional Court
Health Topics: Health information, Hospitals
Human Rights: Right of access to information
Facts:

The applicant filed a complaint against the administration of the city child clinic in the city of Mirniy. The clinic refused to give the applicant the original medical history documents for her minor daughter.  The Constitution of the Russian Federation and related legislation obligated institutions to provide relevant health care information upon a citizen’s request. …Read more

Tags: Clinics, Disclosure, Freedom of information, Health data, Health facilities, Health records, Medical records, Non-disclosure, Public hospitals
Download Judgment: English Russian

H v. Associated Newspapers and Anr.

Country: United Kingdom
Year: 2002
Court: Court of Appeal, Civil Division
Citation: [2002] EWCA Civ 195
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

H was diagnosed as HIV positive whilst working as a care worker for the second respondent, N, the responsible health authority. Upon being diagnosed, H ceased to carry on practice as a healthcare worker and notified N of the reason for this. Under the Department of Health Guidelines (the ”guidelines”) patients who had undergone medical …Read more

Tags: AIDS, Awareness, Confidentiality, Disclosure, Freedom of information, HIV, HIV positive, HIV status, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Saroj Iyer and Anr. v. Maharashtra Medical Council of Indian Medicine

Country: India
Year: 2002
Court: High Court - Bombay
Citation: AIR 2002 Bom 97; 2002 (3) BomCR 416; (2002) 1 BOMLR 504
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
Facts:

This judgment is a joint judgment of two separate but nearly identical writ petitions. The first petitioner sought to attend an enquiry by the Maharashtra Medical Council, the first respondent, investigating a malpractice complaint against a former doctor, Dr. P. B. Desai, who was a nationally known figure. The first respondent denied the first petitioner …Read more

Tags: Awareness, Freedom of information
Download Judgment: English

Case 2001-446 DC

Country: France
Year: 2001
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2001-446 DC, 27 June 2001
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to liberty and security of person, Right to life
Facts:

Before the promulgation of the Voluntary Interruption of Pregnancy Act, 78 senators made a referral to the French constitutional court challenging the constitutionality of the new bill according to article 61 of the French Constitution. The Act had three components. It extended to 12 weeks the period of time a woman could have an abortion …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Counseling, Criminalization, Forced abortion, Freedom of information, Health facilities, Infant mortality, Informed choice, Minor, Patient choice, Pregnancy, Therapeutic abortion, Unsafe abortion
Download Judgment: English French