47 judgments found.

Oppelt v. Head, Department of Health, Provincial Administration: Western Cape

Country: South Africa
Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health
Facts:

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Negligence, Neurological diseases, Public hospitals, Remedies, Secondary care, Standard of care
Download Judgment: English

Stamen Filipov and Biljana Zhivkovska to the Constitutional Court

Country: Macedonia
Year: 2010
Court: Constitutional Court
Citation: 109/2009-0-1
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Petitioners, Stamen Filipov and Biljana Zhivkovska, challenged a provision excluding certain health services from the Law on Health Insurance (the Law). Article 9 of the Law specified certain services that would be paid for under a compulsory health insurance scheme administered by the Health Insurance Fund (the Fund). Article 10 specified certain services that …Read more

Tags: Access to health care, Access to treatment, Emergency care, Health care technology, Health facilities, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Primary care, Reimbursement, Secondary care, Social security, Tertiary care, Testing
Download Judgment: English Macedonian

All India Lawyers Union v. Government of NCT of Delhi and Others

Country: India
Year: 2009
Court: High Court - Delhi
Citation: WP(C) No.5410/199
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to health, Right to life
Facts:

In 1986, the Delhi Capital Government (“GNCTD”) decided to convert the vacant Players’ Building into a multi-specialty hospital on a ‘no profit, no loss’ basis and invited offers from private institutions. GNTCD issued a notice stating that the vacant building along with the land was to be made available free of cost provided that the …Read more

Tags: Access to health care, Health facilities, Health funding, Health spending, Indigent, Low income, Out-of-pocket expenditures, Poor, Private hospitals, Public hospitals, Secondary care, Subsidies, Underprivileged
Download Judgment: English

K.K. Kharbanda v. Union of India and Ors

Country: India
Year: 2009
Court: High Court - Delhi
Citation: [2009] INDLHC 940
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:

Petitioner, a government employee, submitted claims for (a) reimbursement for his wife’s cancer treatment prior to the 2003 date on which the Export Inspection Council (the “Council”) determined that certain Special Diseases, including cancer, would be exempted from a 3,600 rupee ceiling on reimbursement. The Council had not revised the rates since 1989;  (b) certain …Read more

Tags: Access to treatment, Cancer, Health care technology, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Case T-760/08

Country: Colombia
Year: 2008
Court: Constitutional Court
Citation: Corte Constitucional [C.C.] [Constitutional Court], Sala Segunda de Revisión julio 31, 2008, M.P.: Manuel José Cepeda Espinoza, Sentencia T-760/08 (Colom.).
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
Facts:

In 1993, Colombia passed Law 100, a broad national healthcare reform act that attempted to improve delivery of health services in Colombia by utilizing public and private insurers (“Health Promoting Entities,” or EPSs) as substitutes to purchase health care for insured patients. To this end, the law established a two-tier system of benefits: (1) a …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Budget, Health expenditures, Health funding, Health regulation, Health spending, Out-of-pocket expenditures, Primary care, Secondary care, Social security, Subsidies, Testing
Download Judgment: English Spanish

Sh. Balram Sharma v. Union of India

Country: India
Year: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

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

Case 6501/2007

Country: Spain
Year: 2007
Court: Supreme Court
Citation: S.T.S. 6501, July 17, 2007.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Facts:

In 2002, Jose Maria was diagnosed with cancerous enlargements and was admitted to the Virgen de las Nievas Hospital, where he was treated with four cycles of chemotherapy and radiotherapy. One year later, he needed a surgery that public health services were unable to provide. As such, he went to the Teknon Clinic of Barcelona …Read more

Tags: Access to health care, Access to treatment, Cancer, Clinics, Emergency care, Health expenditures, Health funding, Health insurance, Health spending, Lung disease, Neurological diseases, Out-of-pocket expenditures, Private hospitals, Public hospitals, Reimbursement, Secondary care, Social security, Subsidies, Tertiary care
Download Judgment: English

K. Mani v. Secretary of Government

Country: India
Year: 2007
Court: High Court - Madras
Citation: 2007 (3) MLJ 34
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, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more

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

L. v. Lithuania

Country: Lithuania
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 27527/03, 46 Eur. H.R. Rep. 22 (2008).
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life, Right to privacy
Facts:

The applicant was registered as female at birth in 1978 but regarded himself as a male from an early age. In 1997 he sought medical advice and was diagnosed as transgendered. Lithuania adopted Article 2.27 § 2 of the Civil Code, which provided that unmarried adults had the right to undergo medically endorsed gender reassignment …Read more

Tags: Access to health care, Access to treatment, Gender identity, Gender identity disorder, Gender reassignment, Health care technology, Health insurance, Health regulation, Hormone therapy, Out-of-pocket expenditures, Reimbursement, Secondary care, Tertiary care, Transgender, Transsexual
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Ombudsperson of the Republic of Macedonia to the Constitutional Court

Country: Macedonia
Year: 2007
Court: Constitutional Court
Citation: 45/2006-0-0
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Ombudsperson of the Republic of Macedonia (the Ombudsperson) challenged a provision from the Law on Amending and Supplementing the Law on Health Insurance (the Law). The Law provided that insurees would have a right to basic health services from health facilities that had concluded a contract with the Health Insurance Fund (the Fund), but …Read more

Tags: Access to health care, Access to treatment, Budget, Health facilities, Health funding, Health insurance, Health spending, Out-of-pocket expenditures, Primary care, Reimbursement, Secondary care, Tertiary care
Download Judgment: English Macedonian
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