78 judgments found.

W v. Egdell

Country: United Kingdom
Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more

Tags: Compulsory commitment, Compulsory confinement, Confidentiality, Disclosure, Examination, Health records, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure, Paranoia, Psychiatry, Psychology, Psychosis, Schizophrenia, Secrecy
Download Judgment: English

YG v. Jewish Hospital

Country: United States
Year: 1990
Court: Court of Appeals of Missouri
Citation: 795 SW 2d 488 (1990)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Appellants, Y.G. and L.G, husband and wife, brought this common law tort claim of an invasion of privacy. At the time of the incident, the wife, L.G., was five months pregnant, bearing triplets conceived through in vitro fertilization (IVF) at and under the guidance of the Jewish Hospital of St. Louis (the Hospital). The …Read more

Tags: Confidentiality, Disclosure, Family planning, Health information, In vitro fertilization, Infertility, Non-disclosure, Pregnancy, Secrecy
Download Judgment: English

Case 37/1989

Country: Spain
Year: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more

Tags: Abortion, Clinics, Compulsory examination, Compulsory testing, Confidentiality, Criminalization, Degrading treatment, Disclosure, Forced examination, Health facilities, Health records, Humiliating treatment, Inhuman treatment, Involuntary examination, Involuntary testing, Mandatory examination, Mandatory testing, Medical records, Non-disclosure, Pregnancy, Secrecy, Termination of pregnancy
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

R v. Dyment

Country: Canada
Year: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more

Tags: Alcohol, Confidentiality, Disclosure, Emergency care, Health care professionals, Health care workers, Health data, Involuntary testing, Law enforcement, Non-consensual testing and treatment, Non-disclosure, Patient choice, Police, Secrecy, Testing
Download Judgment: English

Multnomah County Medical Society v. Scott

Country: United States
Year: 1987
Court: 9th Circuit Court of Appeals
Citation: 825 F.2d 1410 (1987)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

The Multnomah County Medical Society (the Medical Society) filed an action under § 552 of the Freedom of Information Act 1966 (FOIA) to compel James Scott, the deputy administrator of the Health Care Financing Administration (HCFA) tasked with the administration of the State Medicare program, to disclose the names and addresses of all Medicare beneficiaries …Read more

Tags: Confidentiality, Disclosure, Electronic health records, Health data, Health information, Health regulation, Medical records, Non-disclosure
Download Judgment: English

United States v. Westinghouse Electric Corporation

Country: United States
Year: 1980
Court: 3rd Circuit Court of Appeal
Citation: 638 F.2d 570 (3d Cir. 1980)
Health Topics: Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The National Institute for Occupational Safety and Health (NIOSH) began a health hazard evaluation of a Westinghouse Electric Corporation plant in Pennsylvania after receiving a request from an authorized union representative from Westinghouse Electric Corporation. Physicians and an industrial hygienist employed by NIOSH did walk-through inspections of the plant. The inspecting physicians suspected that the …Read more

Tags: Confidentiality, Disclosure, Employment, Health data, Health records, Industrial hygiene, Job safety, Medical records, Non-disclosure, Notification, Occupational disease, Occupational hazards, Occupational health and safety, Safe working conditions, Secrecy
Download Judgment: English

Whalen v. Roe

Country: United States
Year: 1977
Court: Supreme Court
Citation: 429 U.S. 589 (1977)
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
Facts:

The Respondents, a group of individual patients, doctors and physician associations, challenged the constitutionality of the New York State Controlled Substances Act of 1972 (‘Act’). Certain provisions of the Act required that all prescriptions for Schedule II drugs (dangerous but permissible medication) be prepared by the physician in triplicate on an official form.The completed form …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug enforcement, Electronic health records, Health data, Health information, Medical records, Non-disclosure, Substance abuse
Download Judgment: English