116 judgments found.

K.H. v. Malmöhus Läns Landstingskommun

Country: Sweden
Year: 1990
Court: Supreme Court
Citation: NJA 1990 s 442 – Målnummer No. 40
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Facts:

Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more

Tags: Clinics, Disclosure, Duty of care, Examination, Health care professionals, Informed choice, Negligence, Patient choice, Tertiary care, Unauthorized treatment
Download Judgment: English Swedish

Moore v. Regents of the University of California

Country: United States
Year: 1990
Court: Supreme Court of California
Citation: 51 Cal.3d 120 (1990); 793 P.2d 479; 271 Cal. Rptr. 146
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to property
Facts:

John Moore underwent treatment for hairy-cell leukemia at UCLA Medical Center, owned and operated by the regents of the university. During the course of his treatment, Moore’s spleen was removed and various tissue samples were taken by his doctor. Moore’s doctor engaged with a researcher at the medical center to study these samples (which were …Read more

Tags: Informed choice, Patient choice
Download Judgment: English

Ohio v. Akron Center for Reproductive Health

Country: United States
Year: 1990
Court: Supreme Court
Citation: 497 U.S. 450 (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 Respondents, including a facility that provides abortions, a physician who performs abortions, and a minor woman who sought an abortion, brought suit challenging the constitutional validity of Ohio’s Amended Substitute House Bill 319, which made it a criminal offence, except in four specified circumstances, for a physician or other person to perform an abortion …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

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
Facts:

The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son.  The experimental drug …Read more

Tags: Access to drugs, Access to treatment, Cancer, Clinical trials, Experimental treatment, Informed choice, Patient choice, Right to Health, Right to Life
Download Judgment: Spanish

E. (Mrs.) v. Eve

Country: Canada
Year: 1986
Court: Supreme Court
Citation: [1986] 2 S.C.R. 388
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity
Facts:

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Tags: Compulsory sterilization, Compulsory treatment, Contraception, Contraceptives, Family planning, Forced sterilization, Forced treatment, Incapacity, Incompetence, Informed choice, Involuntary sterilization, Mandatory sterilization, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization
Download Judgment: English French

Thornburgh v. American College of Obstetricians and Gynecologists

Country: United States
Year: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1.     The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more

Tags: Abortion, Abortion technique, Access to treatment, Children, Criminalization, Duty of care, Family planning, Infant health, Informed choice, Maternal health, Maternal mortality, Minor, Negligence, Pregnancy, Termination of pregnancy
Download Judgment: English

Gillick v. West Norfolk and Wisbech Area Health Authority and Anr.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] 3 All ER 402
Health Topics: Child and adolescent health, Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

The Department of Health and Social Security (DHSS) issued a memorandum of guidance to local health authorities that stated that, inter alia, “consultations between doctors and patients are confidential,” even for children less than 16. The memorandum noted that while “it would be most unusual,” a doctor could advise the child regarding contraception without parental …Read more

Tags: Abortion, Abortion counseling, Access to treatment, Birth control, Child development, Children, Confidentiality, Contraception, Contraceptives, Criminalization, Health education, Informed choice, Judicial bypass, Minor, Parental consent, Parental notification, Patient choice, Termination of pregnancy
Download Judgment: English

Sidaway v. Bethlem Royal Hospital and Ors.

Country: United Kingdom
Year: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Facts:

Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more

Tags: Duty of care, Informed choice, Patient choice
Download Judgment: English
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