51 judgments found.

Allen v. Alberta

Country: Canada
Year: 2015
Court: Alberta Court of Appeal
Citation: 2015 ABCA 277
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to liberty and security of person, Right to life
Facts:

Mr. Allen was a dentist who required a back operation. A multi-year wait time to be treated within the Alberta health care system and increased pain forced Mr. Allen to sell his dental practice to pay for surgery in Montana (a state in the United States) instead of waiting an additional 18 months to have …Read more

Tags: Access to health care, Access to treatment, Budget, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Subsidies, Tertiary care
Download Judgment: English

Mohd Ahmed (Minor) v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Delhi
Citation: W.P.(C) 7279/2013
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Poverty
Facts:

Petitioner was a 7-year-old boy suffering from a rare genetic disease called Gaucher Disease (a type of Lysosomal Storage Disorder) which, if left untreated, would render him unlikely to survive. Although Enzyme Replacement Therapy (ERT), a monthly, lifelong treatment, would afford him a normal life, the drug, due to low demand arising from the rarity …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Child mortality, Children, Essential medicines, Genetic disease, Health expenditures, Health funding, Health regulation, Health spending, Indigent, Low income, Minor, Noncommunicable diseases, Out-of-pocket expenditures, Pediatric health, Pharmaceuticals, Poor, Pricing, Social security, Subsidies, Tertiary care, Underprivileged
Download Judgment: English

Hristozov and Others v. Bulgaria

Country: Bulgaria
Year: 2012
Court: European Court of Human Rights
Citation: Application Nos. 47039/11 and 358/12
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Informed consent, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicants had terminal cancer, and all had either tried forms of conventional medicine (e.g. surgery, chemotherapy, radiotherapy and hormone therapy) or obtained a medical opinion that these treatments would not work for their illness. They then approached a private client in Sofia where they were told about an experimental anti-cancer product in development by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Alternative medicine, Cancer, Clinical testing, Clinical trials, Drug quality, Drug safety, Experimental treatment, Informed choice, Non-communicable diseases, Patient choice, Tertiary 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

Wistrand v. Riksförsakringsverket

Country: Sweden
Year: 2010
Court: Supreme Administrative Court
Citation: RÅ 2010 ref. 52, Målnummer: 1201-09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing
Human Rights: Freedom of movement and residence, Right to health, Right to work
Facts:

In 1999, Mr. Wistrand, a Swedish man, obtained an alternative and promising form of rectal cancer treatment in France because this treatment was not yet available in Sweden.  Upon his return in 2000, his local Social Insurance Board denied his request for compensation for his medical costs because the treatment did not occur in Sweden.  …Read more

Tags: Access to treatment, Cancer, Health insurance, Health regulation, Health spending, Out-of-pocket expenditures, Reimbursement, Social security, Tertiary care
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

Yolanda v. Regional Healthcare Department of the Generalitat Valenciana

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
Facts:

The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Emergency care, Fertility, Health funding, Health insurance, In vitro fertilization, Infertility, Out-of-pocket expenditures, Pregnancy, Private hospitals, Public hospitals, Reimbursement, Social security, Tertiary care
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 209

Country: Bulgaria
Year: 2007
Court: Sofia Court of Appeal
Citation: Decision No. 209 on Case No. 161/2007
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

This case has been affirmed on appeal to the Supreme Court of Cassation. The Plaintiff was diagnosed with breast cancer in 1998. As part of her treatment, she was prescribed hormone medication and received a mastectomy. At one point, she was prescribed Zoladex, which which causes temporary cessation of ovarian function. . Although prescribed this medication, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Health expenditures, Health funding, Health regulation, Health spending, Hormone therapy, Hunger strike, Out-of-pocket expenditures, Second-line treatment, Suicide, 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
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