9 judgments found.

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

Sureda, Lucas v. Obra Social del Poder Judicial de la Nación

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justica de la Nación Argentina]
Citation: L. XLIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

Lucas Marino Sureda, a patient who suffered from multiple sclerosis, brought this case against the Health Insurance of the Judiciary to pay for an experimental T-Cell vaccine therapy. The patient claimed that he had been under an approved treatment since 1996 and it has caused his condition to worsen. The plaintiff went to the Regina …Read more

Tags: Health insurance, Right to Health, Right to Life
Download Judgment: Spanish

Paulini, Héctor Daniel et al. v. Provincia de Buenos Aires et. al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: P. 952. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services
Human Rights: Right to health, Right to social security
Facts:

The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), and subsequently, the Province of Buenos Aires and the National State to provide health coverage for their underage son who was disabled. The plaintiffs argued that as the health insurance company …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Children, Disabilities, Disabled, Health insurance, Right to Health, Right to Life, Social security
Download Judgment: Spanish

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

Capizzano de Galdi, Concepción v. I.O.S [Instituto de Obra Social]

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 646. XXXVI.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to social security
Facts:

The plaintiff, Maria Constantina Capizzano de Galdi, filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Welfare Institute (“Instituto de Obra Social”) in order to restore the medical service that was no longer offered to her. The plaintiff’s medical services were suspended by the respondent by a resolution for failure …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Health insurance, Health regulation, Right to Health, Right to Life, Right to social security, Social security
Download Judgment: Spanish

T., S. v. Gobierno de la Ciudad de Buenos Aires

Country: Argentina
Year: 2001
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 421. XXXVI.
Health Topics: Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against a public hospital in the city of Buenos Aires, to obtain the termination of a pregnancy because the fetus was anencephalic (a baby born with an underdeveloped brain and an incomplete skull), which was denied by the hospital. Abortions are illegal in …Read more

Tags: Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, sexual and reproductive rights
Download Judgment: Spanish

Nowinski, Elsa Alicia s/inconstitucionalidad artículo 16 de la ley 6982

Country: Argentina
Year: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: N. 36. XXXII.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom of association, Right to health, Right to property, Right to social security
Facts:

The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, …Read more

Tags: Access to health care, Access to healthcare, Access to medicines, Access to treatment, Freedom of Association, Health regulation, Right to Health, Right to Life, Social security
Download Judgment: Spanish

B. R. E. v. Policía Federal Argentina

Country: Argentina
Year: 1996
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 77. XXX.
Health Topics: HIV/AIDS, Informed consent, Public safety
Human Rights: Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to work
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

Tags: Compulsory testing, discrimination, HIV positive, HIV/AIDS, Non-consensual testing and treatment, People living with HIV/ AIDS, Right to bodily integrity, Right to Health, Right to Life, Right to Privacy, Right to work
Download Judgment: Spanish

Baricalla de Cisilotto, María del Carmen v. Estado Nacional (Ministerio de Salud y Acción Social)

Country: Argentina
Year: 1987
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 201. XXI.
Health Topics: Health care and health services
Human Rights: Right to health, Right to life
Facts:

The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son.  The experimental drug …Read more

Tags: Access to drugs, Access to treatment, Cancer, Clinical trials, Experimental treatment, Informed choice, Patient choice, Right to Health, Right to Life
Download Judgment: Spanish
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