Case EAND/0895/02/13

Country: Armenia
Year: 2013
Court: Civil Court of Appeal [Հայաստանի Հանրապետության Վերաքննիչ քաղաքացիական դատարան]
Citation: Case № ԵԱՆԴ/0895/02/13
Health Topics: Health care and health services, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The appellant, Zhuleta Amarikyan, was compulsorily committed to inpatient psychiatric treatment on the request of the head of the psychiatric clinic. Amarikyan was diagnosed with acute delirium syndrome and was described as being a danger to herself and others and unable to control her actions. At the time of the trial of Amarikyan’s commitment, Amarikyan …Read more

Tags: Clinics, Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Diagnostics, Forced examination, Forced treatment, Health care professionals, Health care workers, Health facilities, Incapacity, Incompetence, Insanity, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Public hospitals
Download Judgment: English Armenian

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

Cuthbertson v. Rasouli

Country: Canada
Year: 2013
Court: Supreme Court
Citation: 2013 SCC 53
Health Topics: Informed consent
Human Rights: Right to bodily integrity
Facts:

Doctors Cuthbertson and Rubenfeld sought a declaration that the withdrawal of life support from a patient was not treatment requiring consent under the Health Care Consent Act (“HCCA”) where its continued provision is deemed futile. In 2010, following surgery to remove a benign brain tumor, Mr. Rasouli contracted an infection that caused severe brain damage. …Read more

Tags: Forced treatment, Health care professionals, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
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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

Reeves v. The Queen

Country: Australia
Year: 2013
Court: High Court
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

Appellant doctor Reeves, a gynecologist, saw CDW, his patient, for treatment of a pre-cancerous lesion on her left labia minora. Reeves performed a “simple vulvectomy” which entailed the removal of CDW’s entire vulva, including her labia and clitoris. CDW filed suit, and provided evidence that she had only agreed to removal of a small flap …Read more

Tags: Cancer, Examination, Female genital mutilation, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Noncommunicable diseases, Patient choice, Unauthorized treatment
Download Judgment: English

Centre for Addiction and Mental Health v. Ontario

Country: Canada
Year: 2012
Court: Court of Appeals for Ontario
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
Facts:

The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more

Tags: care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Criminalization, Custody, Depression, Detainee, Detention, Harm reduction, Health care professionals, Health facilities, Imprisonment, Incapacity, Incompetence, Inmate, Involuntary confinement, Involuntary treatment, Jail, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Prison conditions, Private hospitals, Psychiatry, Psychology, Public hospitals
Download Judgment: English

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English

I.G. and Others v. Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: App. No. 15966/04
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
Facts:

Three applicants of Roma ethnic origin were all sterilized in a public hospital during Caesarean section deliveries. The first applicant was not told that she had been sterilized. After the delivery, a doctor asked her to sign a document that all women who had Caesarean sections had to sign. Five days after the delivery she …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Family planning, Forced sterilization, Forced treatment, Inappropriate treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Non-consensual testing and treatment, Parental consent, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

N.B. v Slovakia

Country: Slovakia
Year: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Facts:

Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more

Tags: Caesarean, Childbirth, Children, Compensation, Compulsory sterilization, Compulsory treatment, Cruel treatment, Degrading treatment, Family planning, Forced sterilization, Forced treatment, Health care professionals, Health care workers, Humiliating treatment, In utero fertilization, Inappropriate treatment, Infertility, Informed choice, Inhuman treatment, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Minor, Non-consensual testing and treatment, Parental consent, Patient choice, Pregnancy, Public hospitals, Remedies, Sterilization, Unauthorized treatment
Download Judgment: English

Sykora v. Czech Republic

Country: Czech Republic
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 23419/07; [2012] ECHR 1960
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Milan Sykora, a Czech national, suffered from a psycho-social disability and did not take his medication because he claimed it negatively affected his eyesight. In November 2000 the Brno Municipal Court deprived Sykora of his capacity to make legal decisions after he failed to collect his pension for four years. The decision was made based …Read more

Tags: Compulsory commitment, Compulsory examination, Compulsory testing, Compulsory treatment, Forced examination, Forced treatment, Health care professionals, Health care workers, Incapacity, Involuntary commitment, Involuntary examination, Involuntary testing, Involuntary treatment, Mandatory commitment, Mandatory examination, Mandatory testing, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Paranoia, Patient choice, Psychiatry, Psychosis, Schizophrenia, Unauthorized treatment
Download Judgment: English