Cuthbertson v. Rasouli
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 53
Health Topics: Informed consent
Human Rights: Right to bodily integrity
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
Petukhova v. Russia
Country: RussiaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 28796/07
Health Topics: Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Applicant, Petukhova, argued that she was deprived of her liberty when she was forced to have an involuntary examination. She alleged that this violated Article 5 § 1 (b) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”), which protects the right to liberty and security of person. In December 2005, …Read more
Re SB
Country: United KingdomYear: 2013
Court: Court of Protection
Citation: [2013] EWHC 1417 (COP)
Health Topics: Hospitals, Informed consent, Medicines, Mental health, Sexual and reproductive health
A pregnant 37-year-old woman diagnosed with bipolar disorder was compulsorily detained under Section 2 of the Mental Health Act 1983. She had been on and off medication for 8 years and had suffered both remissions and relapses, due to which she was detained at various times in Italy, France and in England where she currently …Read more
Reeves v. The Queen
Country: AustraliaYear: 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
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
Senturk v. Turkey
Country: TurkeyYear: 2013
Court: European Court of Human Rights
Citation: Application No. 13423/09
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more
The Queen v. Ministry of Justice
Country: United KingdomYear: 2013
Court: Court of Appeal, Queen’s Bench Division
Citation: [2013] EWCA Civ 961
Health Topics: Disabilities, Health care and health services
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Martin suffered a stroke in 2008 leaving him unable to move or speak. He was completely dependent on his family and spent almost all of his time in bed. The effects of his stroke were permanent. Because of his disabilities, he was not able to take his own life. He had attempted to end his …Read more
Georgina Ahamefule v. Imperial Medical Centre
Country: NigeriaYear: 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
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
Hristozov and Others v. Bulgaria
Country: BulgariaYear: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more
I.G. and Others v. Slovakia
Country: SlovakiaYear: 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
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
M v. Ukraine
Country: UkraineYear: 2012
Court: European Court of Human Rights
Citation: Application No. 2452/04
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to liberty and security of person
The applicant was hospitalized for mental illness four times between 1999 and 2006. The first time, the applicant received in-patient treating in a state-run hospital. In 2000, the applicant was registered as a person with potential mental problems with the Odessa Region Psychoneurological Dispensary. Three years later, the applicant was again involuntarily hospitalized. A doctor …Read more