138 judgments found.

C v. Minister of Correctional Services

Country: South Africa
Year: 1996
Court: High Court
Citation: 1996 (4) SA 292 (T)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Right of access to information, Right to privacy
Facts:

While a prisoner in custody of the defendant, the plaintiff was informed by the prison nurse in the presence of other prisoners that he was to undergo a blood test for HIV and that he had the right to refuse such test. This information was repeated to the plaintiff in a closed consulting room, but …Read more

Tags: AIDS, Compulsory testing, Confidentiality, Custody, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Informed choice, Inmate, Involuntary testing, Jail, Mandatory testing, Most-at-risk, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Transmission
Download Judgment: English

R v. Cambridge Health Authority, ex parte Beckwith

Country: United Kingdom
Year: 1995
Court: Court of Appeal, Civil Division
Citation: [1995] 2 All ER 129 (CA); [1995] EWCA Civ 49
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Informed consent, Medicines
Human Rights: Right to health, Right to life
Facts:

The child “B” had a long history of unsuccessful treatments fo her cancer. In January 1995,  B suffered a further relapse of acute myeloid leukaemia. Both the doctor who oversaw B’s treatment since the initial diagnosis and the doctor who performed a prior bone marrow transplant agreed that the child had approximately six to eight …Read more

Tags: Access to treatment, Budget, Cancer, Children, Experimental treatment, Health care professionals, Health care workers, Health expenditures, Health facilities, Health funding, Health insurance, Health spending, Leukemia, Minor, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals, Second-line treatment, Subsidies, Tertiary care
Download Judgment: English

Rizzo v. Schiller

Country: United States
Year: 1994
Court: Rizzo v. Schiller 445 S.E. 2d 153 (Va. 1994)
Citation: Rizzo v. Schiller 445 S.E. 2d 153 (Va. 1994)
Health Topics: Child and adolescent health, Infectious diseases, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Plaintiffs, Michael Sean Rizzo Sr. and Pamela Rizzo, filed this action against defendant physician Maurice Schiller, who they alleged breached the standard of care owed to them with his negligent and nonconsensual use of obstetrical forceps during Mrs. Rizzo’s delivery. Pamela Rizzo was admitted to Fairfax Hospital on November 7th at 9:00am in active labor. …Read more

Tags: Childbirth, Duty of care, Inappropriate treatment, Infant health, Patient choice, Standard of care, Tort, Unauthorized treatment
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Airedale NHS Trust v. Bland

Country: United Kingdom
Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

Tags: Access to treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Department of Health & Community Services v JWB & SMB (“Marion’s Case”)

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 218; [1992] HCA 15
Health Topics: Child and adolescent health, Disabilities, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life, Right to privacy
Facts:

“Marion” was a fourteen year old girl with an “intellectual disability”, severe deafness, epilepsy, an ataxic gait and “behavioural problems”. She could not care for herself. Her parents proposed that Marion undertake a hysterectomy and an ovarienectomy (the Procedures). The hysterectomy was proposed to prevent natural pregnancy and menstruation and the psychological and behavioural consequences …Read more

Tags: Children, Contraception, Contraceptives, Deaf, Disabled, Forced sterilization, Forced treatment, Handicapped, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Pregnancy, Psychiatry, Psychology, Sterilization
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Planned Parenthood v. Casey

Country: United States
Year: 1992
Court: Supreme Court
Citation: 505 U.S. 833 (1992)
Health Topics: Health care and health services, Informed consent, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

Planned Parenthood brought suit challenging the Pennsylvania Abortion Control Act of 1982 (the Act) in federal court on constitutional grounds. The Act included the following requirements for women seeking an abortion in Pennsylvania: A woman seeking an abortion must give her informed consent prior to the abortion procedure, and she must provide certain information at …Read more

Tags: Abortion, Access to treatment, Child development, Criminalization, Family planning, Informed choice, Judicial bypass, Maternal health, Maternal mortality, Parental consent, Patient choice, Pregnancy, Spousal notification, Termination of pregnancy
Download Judgment: English

Riggins v. Nevada

Country: United States
Year: 1992
Court: Supreme Court
Citation: 504 U.S. 127 (1992)
Health Topics: Informed consent, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

The petitioner, David Riggins, challenged his criminal convictions on the basis that his liberty and right to due process of the law, as protected by the Sixth and Fourteenth Amendments of the U.S. Constitution, were violated when the State of Nevada forcibly administered him with an antipsychotic drug during his trial. In November 1987, Riggins …Read more

Tags: Detainee, Forced treatment, Incompetence, Involuntary treatment, Mandatory treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychosis
Download Judgment: English

Rogers v. Whitaker 

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Tags: Blind, Disabled, Duty of care, Handicapped, Informed choice, Negligence, Patient choice, Physically challenged, Standard of care, Tort
Download Judgment: English

Cruzan v. Director

Country: United States
Year: 1990
Court: Supreme Court
Citation: 497 U.S. 261 (1990)
Health Topics: Diet and nutrition, Hospitals, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

In January 1983, Nancy Cruzan lost control of her car, which overturned. Found unconscious, she remained in a coma for three weeks, and eventually her condition progressed into what was termed a “persistent vegetative state,” where there are motor reflexes but no signs of cognition. She was able to survive when fed and hydrated artificially, …Read more

Tags: Food, Non-consensual testing and treatment, Patient choice
Download Judgment: English