128 judgments found.

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Ediger v. Johnston

Country: Canada
Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

Tags: Compensation, Damages, Differently abled, Disclosure, Duty of care, Emergency care, Health care professionals, Infant health, Informed consent, Medical negligence, Negligence, Standard of care, Tort
Download Judgment: English

G.B. and R.B. v. The Republic of Moldova

Country: Moldova
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more

Tags: Caesarian, Childbirth, Compensation, Compulsory sterilization, Damages, Forced sterilization, Health care professionals, Health care workers, Health facilities, Involuntary sterilization, Negligence, Non-consensual testing and treatment, Non-pecuniary damages, Pregnancy, Public hospitals, Remedies, Sterilization, Tort, Unauthorized treatment
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

Peter Mule Muthungu (suing as administrator and Personal representative of thereafter Estate of Jane Mueningui) v. Kenyatta National Hospital

Country: Kenya
Year: 2013
Court: High Court at Nairobi
Citation: Civil Suit 364 of 2007
Health Topics: Health information, Medical malpractice
Human Rights: Right of access to information
Facts:

As the administrator of the deceased’s estate, the plaintiff sought the medical records of the deceased from the defendant hospital. The plaintiff had separately filed a medical negligence suit against the defendant. The plaintiff and his counsel determined that the hospital records, which related to the deceased’s treatment before death, were necessary for the negligence …Read more

Tags: Confidentiality, Duty of care, Freedom of information, Health data, Health records, Medical records, Negligence
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

Senturk v. Turkey

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

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

Tags: Access to health care, Access to treatment, Duty of care, Emergency care, Inadequate treatment, Inappropriate treatment, Maternal mortality, Miscarriage, Negligence, Out-of-pocket expenditures, Patient choice, Pregnancy, Private hospitals, Standard of care
Download Judgment: English

Suarez Peralta v. Ecuador

Country: Ecuador
Year: 2013
Court: Inter-American Court of Human Rights
Citation: Series C, No. 261, May 21, 2013
Health Topics: Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to health
Facts:

On June 28, 2000, Melba Suarez Peralta visited Dr. Emilio Guerrero Gutierrez as a result of abdomen pain, vomits, and fever. She was diagnosed with chronic appendicitis and informed she needed surgery. Three days later, she visited Guerrero in a private clinic and underwent appendix surgery performed by Dr. Jenny Bohorquez and assisted by Guerrero. …Read more

Tags: Clinics, Compensation, Health care professionals, Health care workers, Health regulation, Inadequate treatment, Inappropriate treatment, Law enforcement, Negligence, Private hospitals, Public hospitals
Download Judgment: English Spanish

Z v. Poland

Country: Poland
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 46132/08
Health Topics: Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to life, Right to privacy
Facts:

The applicant’s pregnant daughter died in 2004 of septic shock at Barlicki Hospital in Poland. The applicant alleged her daughter’s death was caused by negligence and filed claims under the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) for violation of her daughter’s rights to life under Article 2, to freedom from …Read more

Tags: Abortion, Conscientious objection, Degrading treatment, Disclosure, Duty of care, Health care professionals, Health records, Inadequate treatment, Maternal health, Maternal mortality, Medical records, Negligence, Pregnancy; Termination of pregnancy, Standard of care
Download Judgment: English