116 judgments found.

Vacco v. Quill

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 793 (1997)
Health Topics: Informed consent
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

Respondents, physicians operating in New York and gravelly-ill patients (who had died prior to the appeal), asserted that, though it was consistent with the standards of medical practice to “prescribe lethal medication for ‘mentally competent, terminally ill patients’ who are suffering great pain and desire a doctor’s help in taking their own lives, they [were] …Read more

Tags: Assisted suicide, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Washington v. Glucksberg

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 702 (1997)
Health Topics: Controlled substances, Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Under the Wash. Rev. Code §9A36.060 (1) it was a crime to cause or aid another person to commit suicide. In 1996, a lower court struck down this law on the basis it violated an individual’s constitutionally protected right to choose the time and manner of death. The petitioners, the State of Washington and its …Read more

Tags: Assisted suicide, Criminalization, Health care professionals, Health care workers, Informed choice, Palliative care, Patient choice, Suicide
Download Judgment: English

Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English

C v. Minister of Correctional Services

Country: South Africa
Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
Facts:

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Custody, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary testing, Jail, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

Airedale NHS Trust v. Bland

Country: United Kingdom
Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

Tags: Access to treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Planned Parenthood v. Casey

Country: United States
Year: 1992
Court: Supreme Court
Citation: 505 U.S. 833 (1992)
Health Topics: Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Planned Parenthood brought suit challenging the Pennsylvania Abortion Control Act of 1982 (the Act) in federal court on constitutional grounds. The Act included the following requirements for women seeking an abortion in Pennsylvania: A woman seeking an abortion must give her informed consent prior to the abortion procedure, and she must provide certain information at …Read more

Tags: Abortion, Access to treatment, Child development, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Parental consent, Patient choice, Pregnancy, Spousal notification, Termination of pregnancy
Download Judgment: English

Rogers v. Whitaker 

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Tags: Blind, Disabled, Duty of care, Handicapped, Informed choice, Negligence, Patient choice, Physically challenged, Standard of care, Tort
Download Judgment: English

Hodgson v. Minnesota

Country: United States
Year: 1990
Court: Supreme Court
Citation: 497 U.S. 417 (1990)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellants brought this case challenging an amendment to the Minors’ Consent to Health Services Act (the Act) on the basis that it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution. Subdivision 2 of the Act provided, with certain exceptions, that no abortion shall be performed on a …Read more

Tags: Abortion, Access to treatment, Child development, Children, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Minor, Parental notification, Patient choice, Pregnancy, Termination of pregnancy
Download Judgment: English
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