192 judgments found.

Pentiacova and Ors. v. Moldova

Country: Moldova
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 14462/03; (2005) 40 EHRR SE23
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to life, Right to property
Facts:

Applicants filed a complaint with the European Court of Human Rights alleging that the Moldovan government’s inadequate financing of hemodialysis treatments violated their right to life, caused them significant pain and suffering, and negatively affected their families’ lives. Applicants were a group of patients suffering from liver failure and receiving hemodialysis treatments. They alleged that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Budget, Emergency care, Essential medicines, Health care technology, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Noncommunicable diseases, Out-of-pocket expenditures, Public hospitals
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R (on the application of Munjaz) v. Mersey Care NHS Trust

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 58
Health Topics: Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Facts:

Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more

Tags: Compulsory commitment, Compulsory confinement, Degrading treatment, Inhuman treatment, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Psychiatry, Public hospitals, Seclusion
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R.D. Gupta v. DDA and Ors

Country: India
Year: 2005
Court: High Court - Delhi
Citation: 116 (2005) DLT 666; 2005 (79) DRJ 730
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

RD Gupta, the Petitioner, was employed as a junior engineer with the Delhi Development Authority (DDA), the Respondent. He was governed by the Delhi Development Authorities Medical Scheme, 1988 (the Scheme). He underwent surgery for umbilical hernia at the Apollo Hospital (Apollo), “empanelled with the DDA.” On submitting the medical bills for reimbursement, the Petitioner …Read more

Tags: Access to treatment, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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Sarojini Sawhney v. Punjab University

Country: India
Year: 2005
Court: High Court - Punjab and Haryana
Citation: (2006) 142 PLR 175
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more

Tags: Access to treatment, Cancer, Emergency care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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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
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Case 1294-2004-R

Country: Bolivia
Year: 2004
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Citation: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia], Constitutional Judgment 12/94/2004-R, August 12, 2004 (Bol.)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life, Right to social security
Facts:

The National Commission on Benefits of the National Health Treasury (CNS) provided free medical insurance for the elderly. Alejandro Cuba Plaza, a beneficiary of CNS, was diagnosed with “terminal chronic kidney failure” and treated with ongoing hemodialysis at Obrero Hospital. After 52 weeks of treatment, CNS ordered the Director of Obrero Hospital to transfer Plaza …Read more

Tags: Access to health care, Access to treatment, Aged persons, Budget, Elderly, Health care technology, Health funding, Health insurance, Health regulation, Health spending, Kidney disease, Long-term care, Low income, Older persons, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Senior citizens, Social security, Subsidies, Tertiary care
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K.B.F v. Försäkringskassan

Country: Sweden
Year: 2004
Court: Supreme Administrative Court
Citation: RÅ 2004 ref. 41
Health Topics: Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to social security
Facts:

The plaintiff regularly stayed in Germany during part of the year and needed dental treatment. The first treatment was deemed acute and thus paid for by the German version of the Swedish Social Security Insurance Agency (SSIA). Subsequent treatments were deemed not acute and thus were not paid for. The plaintiff sought compensation by the …Read more

Tags: Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Public hospitals, Reimbursement, Social security
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Laxmi Chand v. Comptroller and Auditor General.

Country: India
Year: 2004
Court: Central Administrative Tribunal - Gwalior
Citation: 2005 (2) SLJ 145 CAT
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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Lemo v. Northern Air Maintenance (Pty) Ltd.

Country: Botswana
Year: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to work
Facts:

The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more

Tags: Antiretrovirals, ARVs, Confidentiality, Degrading treatment, Disclosure, Employment, Health care professionals, Health care workers, HIV, HIV positive, Inhuman treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Public hospitals
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M. Ramabhadra Rao v. Government of Andhra Pradesh

Country: India
Year: 2004
Court: High Court - Andhra Pradesh
Citation: 2005 (1) ALT 624
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Seven writ petitions were filed by members of the Higher Judicial Service and subordinate judiciary of the Andhra Pradesh High Court. The Court, however, for the sake of brevity, referred only to the facts of Writ Petition No. 21304 of 2001. The Petitioner, M Ramabhadra Rao, was a retired District Judge governed by the A. …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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