128 judgments found.

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

Pt. Parmandand Katara v. Union of India and Ors

Country: India
Year: 1989
Court: Supreme Court
Citation: 1989 AIR 2039; 1989 SCR (3) 997; 1989 SCC (4) 286; JT 1989 (3) 496; 1989 SCALE (2) 380
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
Facts:

After being knocked down in a motor accident with a speeding car, a scooter driver was taken to the nearest hospital by a good Samaritan. The nearest hospital refused to treat the victim. It directed him to another hospital twenty kilometres away which was apparently better suited to provide treatment in medico-legal cases. The victim …Read more

Tags: Duty of care, Emergency care, Negligence, Tort
Download Judgment: English

Motiki v. The State

Country: Botswana
Year: 1986
Court: Court of Appeal
Citation: Criminal Appeal 51 of 1986; [1986] BWCA 22
Health Topics: Medical malpractice
Facts:

The Appellant provided a woman with traditional medical treatment. This treatment involved the Appellant placing his hands on the woman’s abdomen and applying pressure. The Appellant applied enough pressure during the treatment to rupture the woman’s spleen, causing a hemorrhage that resulted in her death. The Appellant, who had practiced traditional medicine for 15 years …Read more

Tags: Health care workers, Inappropriate treatment, Negligence, Traditional medicine
Download Judgment: English

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

Colautti v. Franklin

Country: United States
Year: 1979
Court: Supreme Court
Citation: 439 U.S. 379 (1979)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Respondents, a licensed obstetrician and several non-profit organizations, brought suit claiming that § 5(a) of the Pennsylvania Abortion Control Act of 1974 (the Act) was unconstitutionally vague. Section 5(a) of the Act required every person who performed or induced an abortion to have made a determination, based on “experience, judgment or professional competence,” that …Read more

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

Tunkl v. Regents of the University of California

Country: United States
Year: 1963
Court: Supreme Court of California, In Bank
Citation: Tunkl v. Regents of the University of California 383 P.2d 441 (Cal. 1963)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

Hugo Tunkl filed suit to recover damages for personal injuries alleged to have resulted from the negligence of two physicians at the University of California Los Angeles Medical Center, a non profit charitable institution. Tunkl died after suit was brought, and his wife was substituted as plaintiff. Tunkl was admitted to the UCLA Medical Center …Read more

Tags: Access to health care, Access to treatment, Duty of care, Negligence, Public hospitals, Tort
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Ricks v. Budge

Country: United States
Year: 1937
Court: Supreme Court of Utah
Citation: Ricks v. Budge 64 P.2d 208 (Utah 1937)
Health Topics: Health care and health services, Medical malpractice, Poverty
Human Rights: Right to health
Facts:

Plaintiff brought action for malpractice against defendant physicians at the “Budge Clinic,” for (1) negligently treating him and discharging him and (2) refusing to treat and abandoning him when he was in immediate need of medical treatment. On March 11, 1935 plaintiff went to Budge Memorial Hospital to seek treatment for an infected hand. Defendant …Read more

Tags: Access to health care, Access to treatment, Damages, Duty of care, Indigent, Low income, Negligence, Tort
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Lindsey County Council v. Marshall

Country: United Kingdom
Year: 1936
Court: House of Lords
Citation: [1936] 2 ALL ER 1076; (1935) 1 KB 516
Health Topics: Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

Ms. Marshall brought an action against the Lindsey County Council (the Council) for damages arising out of a breach of duty of care. She contended that the Council-operated Cleethorpes Maternity Home and its staff were negligent in failing to prevent the transmission of puerperal fever, in allowing her to be admitted to a shared ward …Read more

Tags: Duty of care, Maternal health, Negligence, Standard of care, Tort
Download Judgment: English