192 judgments found.

T.V. Rajagopala Rao v. Additional Director of the Central Government Health Scheme

Country: India
Year: 2003
Court: High Court - Andhra Pradesh
Citation: 2003 (3) ALD 476; 2003 (3) ALT 632
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had health coverage under the Central Government Health Scheme (CGHS).  On January 4, 2000, the petitioner learned that he had blocked arteries and was advised to go to Yashoda hospital, which was a recognized referral hospital under the CGHS. At Yashoda hospital he was instructed to have bypass surgery. After consulting with many doctors, …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Calvelli and Ciglio v. Italy

Country: Italy
Year: 2002
Court: European Court of Human Rights
Citation: Application No. 32967/96; [2002] ECHR 3
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Calvelli and Ciglio’s baby was transferred to an intensive care unit immediately after its birth, and died two days later of post-asphyxia syndrome. EC, the doctor who had delivered the baby and was a joint owner of the clinic, was found guilty of involuntary manslaughter and received a one year suspended prison sentence under the …Read more

Tags: Childbirth, Children, Clinics, Diabetes, Duty of care, Health facilities, Inappropriate treatment, Infant mortality, Minor, Negligence, Pregnancy, Public hospitals, Tort
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Case 33-3161

Country: Russia
Year: 2002
Court: Arhangelsk Regional Court
Health Topics: Health information, Hospitals
Human Rights: Right of access to information
Facts:

The applicant filed a complaint against the administration of the city child clinic in the city of Mirniy. The clinic refused to give the applicant the original medical history documents for her minor daughter.  The Constitution of the Russian Federation and related legislation obligated institutions to provide relevant health care information upon a citizen’s request. …Read more

Tags: Clinics, Disclosure, Freedom of information, Health data, Health facilities, Health records, Medical records, Non-disclosure, Public hospitals
Download Judgment: English Russian

Minister of Health v. Treatment Action Campaign (No. 1)

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
Facts:

The Constitutional Court was asked to determine whether the appellant (Government) was required to give effect, pending an appeal, to an order of the High Court which directed it to make the drug nevirapine available to mothers and their newborn babies in public health facilities under certain circumstances and conditions. The order concerned the programme …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Child development, Child mortality, Childbirth, Children, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, People living with HIV/AIDS, Pharmaceuticals, Pregnancy, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Minister of Health v. Treatment Action Campaign (No. 2)

Country: South Africa
Year: 2002
Court: Constitutional Court
Citation: [2002] ZACC 15; 2002 (5) SA 721; 2002 (10) BCLR 1033
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Sexual and reproductive health
Human Rights: Right to health
Facts:

The government of South Africa developed a national public health program to address mother-to-child transmission of HIV. The purpose of the program was to offer HIV-positive pregnant women nevirapine, a drug that prevents the transmission of HIV at birth, free of charge. The program was, however, limited in scope. It only offered nevirapine at certain …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Child development, Child mortality, Childbirth, Children, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Infant health, Infant mortality, Maternal health, Maternal mortality, Minor, People living with HIV/AIDS, Pharmaceuticals, Pregnancy, Public hospitals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Pizzi, Marcelo Daniel v. Ministerio de Salud de la Nación et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 418. XXXVIII.
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Health regulation, Public hospitals, Right to Health, Right to Life, Social security
Download Judgment: Spanish

Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Facts:

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Public hospitals, Reimbursement, Social security, Subsidies
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C.V.L. Narasimha Rao v. Principal Sec. Medical and Health Dept.

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics: Disabilities, Health systems and financing, Hospitals, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more

Tags: Blind, Disabled, Handicapped, Health facilities, Public hospitals
Download Judgment: English

Case 198546

Country: France
Year: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
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 family life
Facts:

The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more

Tags: Awareness, Clinical trials, Emergency care, Forced treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Notification, Patient choice, Public hospitals, Tort, Unauthorized treatment
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