138 judgments found.

In re L (by his next friend GE)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English

R (on application of S) v. Louize Collins and Ors.

Country: United Kingdom
Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more

Tags: Caesarean, Childbirth, Compulsory treatment, Depression, Diagnostics, Eclampsia, Emergency care, Examination, Forced treatment, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Public hospitals, Unauthorized treatment
Download Judgment: English

R v Bournewood Community and Mental Health Trust ex parte L (Secretary of State for Health & Ors intervening)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] 3 All ER 289
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
Facts:

L, who was profoundly mentally retarded and incapable of consenting to medical treatment, was admitted informally for in-patient treatment by an National Health Service Trust as he appeared fully compliant and did not resist admission. As a consequence the Trust avoided invoking the Mental Health Act regime. L applied, by his next friend, for judicial …Read more

Tags: Clinics, Compulsory confinement, Health facilities, Incompetence, Involuntary commitment, Involuntary confinement, Mental competence, Mental disability, Mental illness, Mental institution, Mental retardation, Patient choice
Download Judgment: English

St. George’s Healthcare NHS Trust v. S

Country: United Kingdom
Year: 1998
Court: Court of Appeal
Citation: [1998] 3 All ER 673, (1998) 2 CHRLD 323
Health Topics: Hospitals, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

S, who was 36 weeks pregnant, was diagnosed with severe pre-eclampsia, a life-threatening condition of pregnancy characterized by high blood pressure, and with moderate depression. She was advised that her health and her life, and that of her baby, were in real danger and that she needed to be admitted immediately to hospital for an induced …Read more

Tags: Caesarian, Childbirth, Compulsory treatment, Depression, Eclampsia, Forced treatment, Health facilities, Involuntary examination, Involuntary treatment, Mandatory commitment, Maternal health, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

Case SU-480/97

Country: Colombia
Year: 1997
Court: Constitutional Court
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Informed consent, Medicines
Human Rights: Freedom of association, Right to health, Right to life, Right to social security
Facts:

The case combined six writs of tutela that were filed against the Institute of Social Security (ISS) into one record. The Plaintiffs were persons living with HIV who had not been able to obtain protease inhibitors to treat their HIV. The protease inhibitors sought by the Plaintiffs were antiretrovirals used in the treatment of HIV …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Generic drugs, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, HIV, Informed choice, Out-of-pocket expenditures, Patient choice, People living with HIV/AIDS, PLHIV, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish

In re MB (medical treatment)

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to privacy
Facts:

A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Emergency care, Incompetence, Informed choice, Involuntary treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

R v. Human Fertilisation and Embryology Authority, ex parte Blood

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Compulsory treatment, Family planning, Forced treatment, Health care technology, Health regulation, In utero fertilization, In vitro fertilization, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Spousal consent, Unauthorized treatment
Download Judgment: English

Vacco v. Quill

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 793 (1997)
Health Topics: Informed consent
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

Respondents, physicians operating in New York and gravelly-ill patients (who had died prior to the appeal), asserted that, though it was consistent with the standards of medical practice to “prescribe lethal medication for ‘mentally competent, terminally ill patients’ who are suffering great pain and desire a doctor’s help in taking their own lives, they [were] …Read more

Tags: Assisted suicide, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Washington v. Glucksberg

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 702 (1997)
Health Topics: Controlled substances, Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life, Right to privacy
Facts:

Under the Wash. Rev. Code §9A36.060 (1) it was a crime to cause or aid another person to commit suicide. In 1996, a lower court struck down this law on the basis it violated an individual’s constitutionally protected right to choose the time and manner of death. The petitioners, the State of Washington and its …Read more

Tags: Assisted suicide, Criminalization, Health care professionals, Health care workers, Informed choice, Palliative care, Patient choice, Suicide
Download Judgment: English

Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English