Section 15 of the Health Insurance Act (HEIA) and s. 11 of the Hospital Insurance Act (HOIA) prohibited Quebec residents from taking out private health insurance for services covered by Quebec’s public health care plan. The two Appellants, Jacques Chaoulli and George Zeliotis, contested the validity of this prohibition.  They alleged that these prohibitions deprived …Read more

The Health (Amendment) (No.2) Bill of 2004 was referred to the Supreme Court for review. Primarily the Supreme Court was asked to analyse the constitutional validity of the bill. Amendment to Section 53 of the Act imposed certain charges mostly on elderly people with limited means for in-patient treatment by public health services. Further, the …Read more

The plaintiff- Jackson Women’s Health Organisation filed a motion challenging a provision in the Mississippi Code stating, “abortion procedures after the first-trimester shall be performed only at an ambulatory surgical facility or hospitals licensed to perform that service, and for related purposes. The plaintiff alleged that this provision had effectively banned it from performing abortions …Read more

K.L was a 17 year old pregnant woman who was denied an abortion despite complications in her pregnancy. The foetus was anencephalic. Peruvian abortion laws allowed abortions in case there was a danger to the life or health of the mother. Anencephalic condition posed a life-threatening risk to K.L. The baby died after four days …Read more

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

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

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

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

The Plaintiff, on behalf of his child, requested full reimbursement for the child’s treatment in Croatia. The Plaintiff had received authorization from the Health Insurance Fund for reimbursement of travel and medical costs for up to 30 days of treatment in the facility in Croatia. He then sought a further 35 days treatment, which was …Read more

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