18 judgments found.

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

H v. Fetal Assessment Centre

Country: South Africa
Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more

Tags: Abortion, Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Misdiagnosis, Negligence, Termination of pregnancy, Testing, Tort
Download Judgment: English

Mehmet Senturk and Bekir Senturk v. Turkey

Country: Turkey
Year: 2013
Court: The European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

Tags: Access to health care, Access to treatment, Child mortality, Childbirth, Children, Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health expenditures, Health facilities, Health funding, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Midwifery, Misdiagnosis, Negligence, Pharmaceuticals, Private hospitals, Public hospitals
Download Judgment: English

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English

Alyne da Silva Pimentel Teixeira v. Brazil

Country: Brazil
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
Facts:

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

Tags: Access to health care, Access to treatment, Childbirth, Clinics, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health funding, Health records, Inadequate treatment, Inappropriate treatment, Indigent, Low income, Maternal health, Maternal mortality, Medical records, Miscarriage, Misdiagnosis, Negligence, Poor, Pregnancy, Private hospitals, Underprivileged
Download Judgment: English

Case 822 K/Pid.Sus/2010

Country: Indonesia
Year: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
Facts:

On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more

Tags: Awareness, Criminalization, Dengue, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Misdiagnosis, Negligence, Noncommunicable diseases, Patient choice, Public hospitals
Download Judgment: English Indonesian

Case 2010-2 QPC

Country: France
Year: 2010
Court: Conseil constitutionnel [Constitutional Council]
Citation: C. C., n°2010-2 QPC, June 11th 2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to social security
Facts:

The QPC (Question prioritaire de constitutionnalité) process was created in France in 2008. It allows for preliminary rulings on the conformity of a legal provision with the Constitution. This disposition challenged the 2002 law (Paragraph I of section 1 of the Act of March 4th 2002) that states “No one shall claim he has sustained …Read more

Tags: Abortion, Abortion counseling, Access to health care, Children, Compensation, Disabled, Handicapped, Health insurance, Health regulation, Infant health, Minor, Misdiagnosis, Therapeutic abortion
Download Judgment: English French German Italian Spanish

Case 2-88-09

Country: Russia
Year: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health insurance, Inadequate treatment, Inappropriate treatment, Misdiagnosis, Negligence, Police, Public hospitals
Download Judgment: English Russian

Case 723/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Cataluña
Citation: STSJC 723/2009 (Ángel and Others v. Servei Català de la Salut and Consorci Sanitari Integral)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more

Tags: Abortion, Child development, Children, Compensation, Damages, Diagnostics, Examination, Inadequate treatment, Infant health, Informed choice, Misdiagnosis, Patient choice, Pediatric health, Pregnancy, Termination of pregnancy
Download Judgment: English

Peter Paul Patrick Lucas, et al. v. Dr. Prospero Ma. C. Tuaño

Country: Philippines
Year: 2009
Court: Supreme Court of Philippines
Citation: [2009] PHSC 420
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

The petitioner, Peter Lucas first consulted the respondent, Dr. Tuano who was an ophthalmologist, for treatment of soreness and redness in his right eye. The respondent, after a series of examinations found that Peter was suffering from conjunctivitis and prescribed Spersacet-C eye-drops. However, after a few days Peter’s eye condition worsened and he approached the …Read more

Tags: Compensation, Damages, Duty of care, Examination, Inappropriate treatment, Medical malpractice, Medical negligence, Misdiagnosis, Standard of care, Tort
Download Judgment: English
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