79 judgments found.

Lowns v. Woods; Procopis v. Woods

Country: Australia
Year: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
Facts:

The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Inadequate treatment, Minor, Negligence, Neurological diseases, Pediatric health, Remedies, Standard of care, Tort
Download Judgment: English

Diennet v. France

Country: France
Year: 1995
Court: The European Court of Human Rights
Citation: Case number 25/1994/4/472/553
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to due process/fair trial
Facts:

The Regional Council of Medical Association struck the applicant off the register of practitioners on account of professional misconduct such as not examining the patients personally and not monitoring or adjusting the treatment. On appeal, the National Council modified the Regional Council’s order of striking off to disqualifying him from practicing medicine for three years. …Read more

Tags: Clinics, Duty of care, Examination, Inadequate treatment, Inappropriate treatment, Negligence, Standard of care
Download Judgment: English

Kobe ter Neuzen v. Korn

Country: Canada
Year: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics: HIV/AIDS, Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Duty of care, HIV, HIV positive, In utero fertilization, Negligence, Non-pecuniary damage, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English French

McCourt v. Abernathy

Country: United States
Year: 1995
Court: Supreme Court of South Carolina
Citation: McCourt v. Abernathy 457 S.E. 2d 603 (S.C. 1995)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more

Tags: Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Inadequate treatment, Misdiagnosis, Negligence, Primary care, Standard of care, Testing, Tort
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Rizzo v. Schiller

Country: United States
Year: 1994
Court: Rizzo v. Schiller 445 S.E. 2d 153 (Va. 1994)
Citation: Rizzo v. Schiller 445 S.E. 2d 153 (Va. 1994)
Health Topics: Child and adolescent health, Infectious diseases, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Plaintiffs, Michael Sean Rizzo Sr. and Pamela Rizzo, filed this action against defendant physician Maurice Schiller, who they alleged breached the standard of care owed to them with his negligent and nonconsensual use of obstetrical forceps during Mrs. Rizzo’s delivery. Pamela Rizzo was admitted to Fairfax Hospital on November 7th at 9:00am in active labor. …Read more

Tags: Childbirth, Duty of care, Inappropriate treatment, Infant health, Patient choice, Standard of care, Tort, Unauthorized treatment
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Rogers v. Whitaker 

Country: Australia
Year: 1992
Court: High Court
Citation: (1992) 175 CLR 479; [1992] HCA 58
Health Topics: Disabilities, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Appellant doctor appealed an award of $808,564.38 to respondent patient. Appellant doctor had operated on the right eye of respondent patient in an attempt to improve its appearance and restore some sight as respondent patient’s right eye had been sightless from a previous injury. The lower court had found that appellant doctor had operated with …Read more

Tags: Blind, Disabled, Duty of care, Handicapped, Informed choice, Negligence, Patient choice, Physically challenged, Standard of care, Tort
Download Judgment: English

Santa Cruz v. Northwest Dade Community Health Center, Inc.

Country: United States
Year: 1991
Court: Third District Court of Appeal, Florida
Citation: 590 S.2d 444 (1991)
Health Topics: Hospitals, Medical malpractice
Facts:

The case discussed the limits of a medical facility’s liability for acts committed by an individual treated on an outpatient (loosely defined, an outpatient is a patient who visits a medical center for diagnosis or treatment, but does not stay overnight at the facility. Per contra, an inpatient is admitted for close monitoring of the …Read more

Tags: Duty of care, Health facilities, Standard of care, Tort
Download Judgment: English

Malette v. Shulman et al.

Country: Canada
Year: 1990
Court: Ontario Supreme Court, Court of Appeal
Citation: 67 DLR (4th) 321, 72 OR (2d) 417
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of religion, Right to bodily integrity
Facts:

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

Tags: Compensation, Compulsory treatment, Damages, Duty of care, Emergency care, Forced treatment, Inappropriate treatment, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English

Lindsey County Council v. Marshall

Country: United Kingdom
Year: 1936
Court: House of Lords
Citation: [1936] 2 ALL ER 1076; (1935) 1 KB 516
Health Topics: Infectious diseases, Medical malpractice, Sexual and reproductive health
Facts:

Ms. Marshall brought an action against the Lindsey County Council (the Council) for damages arising out of a breach of duty of care. She contended that the Council-operated Cleethorpes Maternity Home and its staff were negligent in failing to prevent the transmission of puerperal fever, in allowing her to be admitted to a shared ward …Read more

Tags: Duty of care, Maternal health, Negligence, Standard of care, Tort
Download Judgment: English