73 judgments found.

Ximenes-Lopes v. Brazil

Country: Brazil
Year: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more

Tags: Abuse, Clinics, Cruel treatment, Degrading treatment, Depression, Humiliating treatment, Inappropriate treatment, Inhuman treatment, Involuntary confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Private hospitals, Psychiatry, Psychology, Torture
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Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

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
Download Judgment: English

Storck v. Germany

Country: Germany
Year: 2005
Court: European Court of Human Rights
Citation: Storck v. F.R.G., App. No. 61603/00, 43 Eur. H.R. Rep. 96 (2005).
Health Topics: Disabilities, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Applicant, a German national, alleged violations under Article 5 (right to liberty and security of person), Article 6 § 1 (right to a fair hearing) and Article 8 (right to respect for his private and family life) of the European Convention on Human Rights concerning her involuntary placement and medical treatment in a private clinic …Read more

Tags: Compensation, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Damages, Disabled, Forced examination, Forced treatment, Inappropriate treatment, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory testing, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Paranoia, Psychiatry, Psychosis, Schizophrenia
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The Affordable Medicines Trust, et al. v. Minister of Health and Director-General of Health

Country: South Africa
Year: 2005
Court: Constitutional Court
Citation: Case CCT 27/04
Health Topics: Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to work
Facts:

T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more

Tags: Access to drugs, Access to medicines, Drug quality, Drug safety, Health care professionals, Health care workers, Health regulation, Inappropriate treatment, Labeling
Download Judgment: English

Vo v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Application No. 53924/00; (2005) 40 EHRR 12; 17 BHRC 1; [2005] Inquest LR 129; (2004) 79 BMLR 71; [2004] 2 FCR 577; [2004] ECHR 326
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Facts:

Mrs. Thi-Nho Vo attended Lyons General Hospital for a medical examination during her pregnancy. On the same day, another woman, Mrs. Thi Thanh Van Vo, was at the hospital to have a contraceptive coil removed. When Dr. G, the doctor who was to remove the coil from Mrs. Thi Thanh Van Vo, asked for ‘Mrs. …Read more

Tags: Abortion, Access to health care, Access to treatment, Childbirth, Criminalization, Damages, Emergency care, Inappropriate treatment, Maternal health, Negligence, Pregnancy, Remedies, Termination of pregnancy, Therapeutic abortion, Tort
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Rees v. Darlington Memorial NHS Trust

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

Tags: Disabled, Duty of care, Family planning, Handicapped, Inadequate treatment, Inappropriate treatment, Negligence, Physically challenged, Sterilization, Tort
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Calvelli and Ciglio v. Italy

Country: Italy
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more

Tags: Childbirth, Children, Clinics, Diabetes, Duty of care, Health facilities, Inappropriate treatment, Infant mortality, Minor, Negligence, Pregnancy, Public hospitals, Tort
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Case 2002-026f

Country: Belgium
Year: 2002
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2002-026f, 30 January 2002
Health Topics: Health systems and financing, Medical malpractice
Human Rights: Freedom from discrimination, Right to due process/fair trial
Facts:

A medical provider was accused of having provided unnecessary medical services paid for by the mandatory healthcare and benefits insurance regime of Belgium, in violation of Article 73 of the Law relating to mandatory healthcare and benefits insurance (“Healthcare Law”), which prohibited the provision of unnecessarily expensive or superfluous services. The medical provider contested the …Read more

Tags: Budget, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Inappropriate treatment, Reimbursement, Social security
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