79 judgments found.

Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government

Country: South Africa
Year: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more

Tags: Access to healthcare, Access to treatment, Caesarean, Child development, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Maternal health, Minor, Negligence, Neurological diseases, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Rabone v. Pennine Care NHS Foundation Trust

Country: United Kingdom
Year: 2012
Court: The Supreme Court of the United Kingdom
Citation: [2012] UKSC 2
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to life
Facts:

The claimants stated that the deceased was a voluntary psychiatric patient. She was assessed by the hospital as a high risk of suicide attempt as she had done so before. The hospital allowed her home leave for two days. During that period, she committed suicide. The claimants stated that the hospital and its staff were …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Non-pecuniary damages, Psychiatry, Psychology, Remedies, Standard of care, Suicide, Trauma
Download Judgment: English

Reynolds v. United Kingdom

Country: United Kingdom
Year: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more

Tags: Clinics, Compensation, Damages, Duty of care, Emergency care, Health facilities, Mental disorder, Mental illness, Negligence, Non-pecuniary damage, Private hospitals, Psychiatry, Public hospitals, Remedies, Schizophrenia, Standard of care, Suicide, Tort, Trauma
Download Judgment: English

Hoffmann v. Member of Executive Council, Easter Cape

Country: South Africa
Year: 2011
Court: High Court of South Africa, Eastern Cape
Citation: Case no: 1037/2007
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Right to health
Facts:

The plaintiff alleged medical negligence on behalf of the Dora Nginza Hospital (hereinafter referred to as “the hospital”. The plaintiff states that she was referred to the hospital as her blood sugar and blood pressure was high during pregnancy. She had also informed the hospital that she had had previous C-Section deliveries. She was also …Read more

Tags: Access to treatment, Caesarean, Childbirth, Clinics, Duty of care, Health facilities, Negligence, Patient choice, Remedies, Standard of care
Download Judgment: English

Case 315768

Country: France
Year: 2010
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°315768, 10 February 2010
Health Topics: Health systems and financing, Medical malpractice, Public safety
Human Rights: Right to health
Facts:

Mr. Patrick A requested the annulment of the decision of 8 February 2008 by which the National Council of the Order of Doctors declined to authorize him as a certified specialist in the field of plastic and reconstructive surgery. Mr. A had been practicing baldness surgery for 28 years as a general practitioner, and had …Read more

Tags: Access to treatment, Counseling, Diagnostics, Health care professionals, Health care workers, Health regulation, Standard of care
Download Judgment: English French

Case 5299/2010

Country: Spain
Year: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more

Tags: Caesarean, Childbirth, Compensation, Compulsory treatment, Damages, Diagnostics, Emergency care, Forced treatment, Health care professionals, Health care workers, Inappropriate treatment, Infant health, Informed choice, Involuntary treatment, Maternal health, Midwifery, Patient choice, Pregnancy, Remedies, Standard of care
Download Judgment: English

Hin Lin Yee and Another v. Hksar

Country: China
Year: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
Facts:

The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more

Tags: Drug quality, Drug safety, Duty of care, Health care professionals, Health care workers, Inappropriate treatment, Negligence, Standard of care
Download Judgment: English

Kozhokar v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Clinics, Compensation, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Diet, Duty of care, Essential medicines, Examination, Food, Health facilities, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Inadequate treatment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, Malnutrition, People living with HIV/AIDS, Prison conditions, Public hospitals, Remedies, Standard of care, Testing, Torture, Tuberculosis
Download Judgment: English

Oyal v. Turkey

Country: Turkey
Year: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
Facts:

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Tags: AIDS, Blood transfusion, Children, Compensation, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health spending, HIV, HIV positive, HIV status, Indigent, Low income, Minor, Most-at-risk, Negligence, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Remedies, Standard of care, Subsidies, Testing, Tort, Underprivileged
Download Judgment: English

Case 4866/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Tags: Access to treatment, Caesarean, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health care professionals, Health care workers, Health facilities, Inadequate treatment, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Remedies, Standard of care, Tort
Download Judgment: English Spanish