186 judgments found.

In the Matter of an application by Carl Hanoman, for prerogative writs of Certiorari, Mandamus and Prohibition

Country: Guyana
Year: 1999
Court: High Court of the Supreme Court of Judicature
Citation: 65 WIR 157
Human Rights: Right of access to information, Right to participation
Facts:

In accordance with s 1(c) of the First Schedule of the Medical Practitioners Act, 1991, the Guyana Medical Association, of which the applicant was the President, was requested by the Minister of Health to submit names of nominees for appointment to the Medical Council under a consultation process. Subsequently, the applicant requested reasons for the …Read more

Tags: Health care professionals
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Kurukulasuriyage Don Douglas Hemapriya Dayarathna, et al. v Minister of Health and Indigenous Medicine, et al.

Country: Sri Lanka
Year: 1999
Court: Supreme Court
Citation: SC Application Nos 513-528/98, unreported
Human Rights: Right to work
Facts:

The sixteen petitioners responded to a notification in the Government Gazette calling for applications for training as Assistant Medical Practitioners (AMP). All the petitioners possessed the stipulated qualifications, submitted applications in the terms of the notification and successfully sat the examination qualifying them for the training. However, before the final stage of the process, which involves …Read more

Tags: Health care professionals, Health care workers
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Naxakis v. Western General Hospital

Country: Australia
Year: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial
Facts:

In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more

Tags: Assault, Children, Compensation, Damages, Diagnostics, Examination, Health care professionals, Health care technology, Health care workers, Inadequate treatment, Minor, Misdiagnosis, Negligence, Pediatric health, Standard of care
Download Judgment: English

Schauman de Scaiola, Martha Susana v. Provincia de Santa Cruz et al.

Country: Argentina
Year: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Health care professionals, Health insurance, Health regulation, Medical malpractice, Medical negligence, Social security
Download Judgment: Spanish

Stefan v. General Medical Council

Country: United Kingdom
Year: 1999
Court: Privy Council, Judicial Committee
Citation: Appeal No. 16 of 1998; [1999] 1 WLR 1293, (1999) 6 BHRC 487
Health Topics: Health systems and financing
Human Rights: Right to due process/fair trial
Facts:

The appellant was a medical practitioner whose registration was suspended on several occasions following decisions of the Health Committee of the General Medical Council (“Committee”) that her fitness to practice was impaired by reason of her mental condition. In 1998, when the option of imposing an indefinite suspension was available to the Committee under section …Read more

Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: English

Aydin v. Turkey

Country: Turkey
Year: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Tags: Armed conflict, Children, Compensation, Cruel treatment, Degrading treatment, Health care professionals, Health care workers, Humiliating treatment, Military, Minor, Pregnancy, Public hospitals, Rape, Sexual assault, Sexual violence, Terrorism, Torture
Download Judgment: English

Case 181718

Country: France
Year: 1998
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°181718, 12 June 1998
Health Topics: Health information, Medicines
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence
Facts:

Mr. Francois X, a pharmacist practicing in the Rosny-sou-Bois commercial center, along with his employer, the Plus Pharmacie association, requested the annulment of decree no 96-531 of June 14 1996. The decree related to advertisement of medications and other products for medical use. The decree modifies the public health code to insert a new article …Read more

Tags: Access to drugs, Access to medicines, Advertising, Awareness, Health care professionals, Health care workers, Health education, Health promotion, Pharmaceuticals
Download Judgment: French

Case 48/1998 (XI. 23.)

Country: Hungary
Year: 1998
Court: Constitutional Court
Citation: Decision 48/1998 (XI. 23.) AB
Health Topics: Health information, Sexual and reproductive health, Violence
Human Rights: Right to a clean environment, Right to bodily integrity, Right to life, Right to privacy
Facts:

This case concerned the impact of Hungary’s constitutional guarantee of the right to life on its parliament’s ability to pass abortion laws. Petitioners submitted that Hungary’s Act LXXIX/1992 on the Protection of Foetal Life (“the Act”), regarding permissible abortion, was unconstitutional. The Act allowed a pregnant woman to have an abortion if she was “in …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Birth control, Criminalization, Health care professionals, Health care workers, Maternal health, Maternal mortality, Notification, Pregnancy, Rape, Termination of pregnancy, Unsafe abortion
Download Judgment: English

In re L (by his next friend GE)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English

Mistry v. Interim National Medical and Dental Council of South Africa, et al.

Country: South Africa
Year: 1998
Court: Constitutional Court
Citation: 1998 (7) BCLR 880 (CC), [1999] 1 LRC 49
Health Topics: Health systems and financing, Medicines
Human Rights: Right to privacy
Facts:

M, a medical practitioner in private practice, had his property searched pursuant to section 28(1) of the Medicines and Related Substances Control Act, which empowered inspectors appointed by the respondent Interim National Medical and Dental Council of South Africa (“Council”) to search any premise, place, vehicle, vessel or aircraft where there was a reasonable suspicion …Read more

Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: English