138 judgments found.

R (on the application of H) v. Secretary of State for Health

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 60
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …Read more

Tags: Compulsory commitment, Compulsory confinement, Detention, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Psychology, Unauthorized treatment
Download Judgment: English

AB and Ors. v. Leeds Teaching Hospital NHS Trust

Country: United Kingdom
Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to family life
Facts:

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Tags: Awareness, Childbirth, Depression, Diagnostics, Disclosure, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Health facilities, Informed choice, Mental disorder, Miscarriage, Negligence, Non-disclosure, Notification, Parental consent, Patient choice, Pregnancy, Public hospitals, Testing, Tort, Trauma
Download Judgment: English

Glass v. The United Kingdom

Country: United Kingdom
Year: 2004
Court: European Court of Human Rights
Citation: Glass v. U.K., App. No. 61827/00, 39 Eur. H.R. Rep. 15 (2004).
Health Topics: Child and adolescent health, Disabilities, Health systems and financing, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Facts:

Applicants, a severely handicapped child and his mother (and legal proxy) Ms. Glass, claimed an Article 8 violation (right to respect for private life) when Ms. Glass’ objection to a course of medical treatment was overruled by the medical staff. As a legal proxy, the mother gave authorization to the doctors at St Mary’s Hospital …Read more

Tags: Children, Disabled, Emergency care, Handicapped, Informed choice, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Physically challenged
Download Judgment: English Slovenian

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English

Case 22/2003 (IV.28)

Country: Hungary
Year: 2003
Court: Constitutional Court
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life
Facts:

The Court of Hungary received several petitions regarding the right of patients suffering from terminal illnesses to end their lives with dignity and consolidated the petitions into a single judgment. One petition asked the Court to declare unconstitutional and annul the last sentence in Section 43, paragraph (2) of Act II of 1972 on Healthcare. …Read more

Tags: Awareness, Disclosure, Duty of care, Forced treatment, Health care professionals, Health care workers, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Palliative care, Patient choice, Unauthorized treatment
Download Judgment: English

Re BWV, ex parte Gardner

Country: Australia
Year: 2003
Court: Supreme Court of Victoria
Citation: (2003) 7 VR 487
Health Topics: Aging, Chronic and noncommunicable diseases, Controlled substances, Diet and nutrition, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

This case was brought by the Public Advocate of Victoria as limited guardian of BWV, a woman aged 68 years, suffering from a fatal form of dementia (most likely Pick’s disease). At the time of bringing the case, BWV had not appeared conscious, nor had she had any cortical activity for approximately three years. Evidence …Read more

Tags: Aged persons, Elderly, Food, Forced treatment, Incompetence, Involuntary treatment, Long-term care, Mandatory treatment, Mental competence, Neurological diseases, Non-consensual testing and treatment, Older persons, Palliative care, Patient choice, Senior citizens
Download Judgment: English

Regina (on the application of H) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 59; [2004] 1 All ER 412
Health Topics: Health systems and financing, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

H, a young woman who suffered from Down’s syndrome and was severely mentally disabled, lived with her mother, BL, who was deeply distrustful of the health authorities. When her BL fell ill and H’s behaviour became increasingly disturbed H was formally admitted to hospital for assessment under section 2 (allowing mandatory commitment for mentally ill …Read more

Tags: Compulsory commitment, Health regulation, Incapacity, Incompetence, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Patient choice, Psychiatry
Download Judgment: English

Sell v. United States

Country: United States
Year: 2003
Court: Supreme Court
Citation: 539 U.S. 166 (2003)
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
Facts:

Petitioner, Sell, had a long history of mental illness. In 1998, a federal grand jury issued an indictment charging Sell with attempting to murder an FBI agent who had arrested him in connection with a separate charge of mail fraud and a former employee who planned to testify against him in the upcoming fraud case. …Read more

Tags: Compulsory treatment, Forced treatment, Incompetence, Informed choice, Inmate, Insanity, Involuntary treatment, Mental competence, Mental disability, Mental disorder, Non-consensual testing and treatment, Patient choice, Psychiatry
Download Judgment: English

Starson v. Swayze

Country: Canada
Year: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more

Tags: Bipolar, Compulsory treatment, Diagnostics, Examination, Forced treatment, Incapacity, Involuntary treatment, Mandatory treatment, Mental competence, Mental illness, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English