138 judgments found.

Elberte v. Latvia

Country: Latvia
Year: 2015
Court: The European Court of Human Rights
Citation: ECHR 005 (2015)
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

The applicant’s husband died in a car accident. She saw her husband’s body when he was transported from the Forensic department. His legs were tied and he was buried like that. After two years, criminal inquiry into illegal removal of organs and tissues were ensued by the Police. The applicant was told that her husband …Read more

Tags: Awareness, Clinics, Disclosure, Emergency care, Examination, Health care technology, Health facilities, Health records, Medical records, Non-disclosure, Patient choice, Private hospitals, Public hospitals, Standard of care, Unauthorized treatment
Download Judgment: English French

In the Matter of the Law on Termination of Pregnancy in Northern Ireland

Country: United Kingdom
Year: 2015
Court: The High Court of Justice in Northern Ireland, Queen’s Bench Division
Citation: [2015] NIQB 96; 2014 No. 125661/01
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The Northern Ireland Human Rights Commission (“Commission”) brought an application alleging that the rights of women in Northern Ireland who are or become pregnant with a serious malformation of the fetus (SMF), fatal fetal abnormality (FFA) or who are pregnant as a result of sexual crimes were being breached by Section 58 and Section 59 …Read more

Tags: Abortion, Abortion counseling, Abortion technique, Access to health care, Disabled, Family planning, Health regulation, Infant health, Infant mortality, Informed choice, Late-term abortion, Maternal health, Maternal mortality, Patient choice, Pregnancy, Rape, Sexual abuse, Sexual assault, Sexual harassment, Sexual violence, Termination of pregnancy, Therapeutic abortion, Unsafe abortion, Violence against women
Download Judgment: English

Kings College Hospital NHS Foundation Trust v. C and V

Country: United Kingdom
Year: 2015
Court: Court of Protection
Citation: [2015] EWCOP 80
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The Kings College Hospital challenged respondent C’s ability to decide to end life-saving treatment, effectively choosing to die, by alleging that she lacked mental capacity. C had attempted to commit suicide by ingesting 60 paracetamol tablets with champagne.  She made this decision shortly after undergoing  treatment for breast cancer and ending of a long term …Read more

Tags: Compulsory treatment, Degrading treatment, Forced treatment, Health care professionals, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Mental competence, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Public hospitals, Suicide, Unauthorized treatment
Download Judgment: English

Lambert and Ors. v. France

Country: France
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 46043/14
Health Topics: Health systems and financing, Informed consent
Human Rights: Right to bodily integrity, Right to family life, Right to life
Facts:

The applicants appealed a decision to terminate artificial nutrition and hydration for their son, who was in a chronic vegetative state. In 2013, Mr. Lambert’s doctor and wife initiated proceedings to terminate care under the Act of 22 April 2005 (“Act”), which amended provisions of the Public Health Code (“Code”). However, the applicants received an …Read more

Tags: Compulsory treatment, Forced treatment, Health care professionals, Health care workers, Health regulation, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

M., R.R. v. Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more

Tags: Access to treatment, Caesarian, Clinics, Duty of care, Health facilities, Negligence, Neurological diseases, Patient choice, Remedies, Standard of care
Download Judgment: English

NN v. The Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more

Tags: Access to treatment, Caeserean, Childbirth, Clinics, Duty of care, Infant health, Minor, Negligence, Neurological diseases, Patient choice, Remedies, Right to bodily integrity, Right to Health, Right to life TAGS: Health facilities, Standard of care
Download Judgment: English

Stransham-Ford v. Minister of Justice and Correctional Services, et al.

Country: South Africa
Year: 2015
Court: High Court, North Gauteng
Citation: [2015] ZAGPHC, 27401/15
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
Facts:

This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more

Tags: Cancer, Informed choice, Noncommunicable diseases, Palliative care, Patient choice, Suicide
Download Judgment: English

The Queen (on the application of IM and MM) v. Human Fertilisation and Embryology Authority

Country: United Kingdom
Year: 2015
Court: High Court of Justice, Queen’s Bench Division, Administrative Court
Citation: Case No. CO/3077/2014; [2015] EWHC 1706 (Admin)
Health Topics: Chronic and noncommunicable diseases, Informed consent, Sexual and reproductive health
Human Rights: Right to family life
Facts:

The issue of the case was whether AM, deceased daughter of IM and MM, gave sufficient informed consent to export her gametes to the U.S. to be fertilized there using a donor selected by her parents and used in the treatment of in vitro fertilization of her mother, IM. Even if it found that AM …Read more

Tags: Assisted reproductive technology, Cancer, Fertility, In utero fertilization, In vitro fertilization, Informed choice, Patient choice
Download Judgment: English

C., M. E. et al. v. Estado Nacional – INCUCAI

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 526. XLVII.
Health Topics: Public safety
Human Rights: Right to health, Right to liberty and security of person, Right to life, Right to privacy, Right to property
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State [INCUCAI] that challenged the INCUCAI resolution that prohibits the autologous use of the hematopoietic stem cell originated in placental blood and umbilical cord obtained from the birth of their children. The co-plaintiff, Matercell S.A., a private cell bank where the mother …Read more

Tags: Access to treatment, Health regulation, Maternal health, Patient choice
Download Judgment: Spanish

Chief Executive of the Department of Corrections v. All Means All

Country: New Zealand
Year: 2014
Court: High Court
Citation: [2014] NZHC 1433
Health Topics: Informed consent, Prisons
Human Rights: Right to bodily integrity, Right to life
Facts:

In this case, the Chief Executive of the Department of Corrections (“Department”) and the Canterbury District Health Board (“DHB”) sought a declaration of their rights and duties when providing medical treatment to prisoners. Specifically, they wished to receive a declaration that they have a right to provide medical treatment by way of artificial hydration and …Read more

Tags: Compulsory treatment, Forced treatment, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English