55 judgments found.

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

Vasileva v. Bulgaria

Country: Bulgaria
Year: 2016
Court: The European Court of Human Rights
Citation: Application No. 23796/10
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to health
Facts:

The applicant suffered from cancer and underwent mastectomy of her left breast. After two years, she experienced pain in the left side of her chest. After undergoing two bone scintigraphies, a pathological uptake of radioactive tracer was found in her sixth rib. A computerized tomography showed metastasis in the eighth and the ninth rib contrary …Read more

Tags: Access to health care, Access to treatment, Cancer, Diagnostics, Examination, Health care technology, Testing
Download Judgment: English

Attorney General, et al. v. Dickson Tapela, et al.

Country: Botswana
Year: 2015
Court: Court of Appeal of the Republic of Botswana at Gaborone
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Case 1: Tapela and Piye, two Zimbabwean nationals imprisoned in Botswana, both contracted HIV in prison. They were refused antiretroviral treatment for their condition based on a internal directive issued by the national government to all public medical institutions and personnel on March 26, 2004, indicating that testing, assessment, and treatment with antiretroviral and highly active …Read more

Tags: Access to health care, Access to treatment, AIDS, Detainee, Detention, Diagnostics, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Law enforcement, People living with HIV/AIDS, Testing
Download Judgment: English

A.K. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application no. 33011/08
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life, Right to privacy
Facts:

After giving birth to a child with Down syndrome, the Petitioner (a forty years old woman) alleged that she was denied adequate and timely medical care in the form of antenatal screening tests. She claimed that her doctor failed to refer her for proper prenatal testing in accordance with the medical protocols in place. According to …Read more

Tags: Childbirth, Maternal health, Medical records, Pregnancy, Testing
Download Judgment: English

H v. Fetal Assessment Centre

Country: South Africa
Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

The mother of the applicant, who was born in 2008 with Down Syndrome instituted a claim on his behalf for damages against the Fetal Assessment Centre. Her son was born in 2008 with Down syndrome. She claimed that the Centre negligently failed to warn her of the high risk that her child would be born …Read more

Tags: Abortion, Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Misdiagnosis, Negligence, Termination of pregnancy, Testing, Tort
Download Judgment: English

Levan Asatiani, et al. v. Minister of Labour, Health and Social Affairs

Country: Georgia
Year: 2014
Court: Constitutional Court [საქართველოს საკონსტიტუციო სასამართლო]
Citation: Case #2/1/536
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Public safety
Human Rights: Freedom from discrimination
Facts:

The Minister of Labour, Health and Social Affairs of Georgia issued orders by which “homosexuals” were prohibited from donating blood or its components. The plaintiffs self-identified as homosexuals and, accordingly were impacted by the order. The plaintiffs alleged that the regulations of the Minister of Labour, Health and Social Affairs of Georgia were in contradiction …Read more

Tags: AIDS, Blood transfusion, Hepatitis, HIV, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Testing, Transmission
Download Judgment: English Georgian

Barilo v. Ukraine

Country: Ukraine
Year: 2013
Court: The European Court of Human Rights
Citation: [2013] ECHR 442
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to liberty and security of person
Facts:

The Applicant Barilo, long-afflicted by diabetes mellitus and other chronic illnesses was detained by the Government of Ukraine. She alleged that she was deprived of her liberty in contravention of the European Convention on Human Rights, particularly Articles 3, 5, and 13. In June 2006, Barilo was arrested on charges instituted three days earlier by …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Degrading treatment, Detainee, Detention, Diabetes, Examination, Health facilities, Humiliating treatment, Imprisonment, Incarceration, Inhumane treatment, Noncommunicable diseases, Testing
Download Judgment: English

Case EKD/0077/11/12

Country: Armenia
Year: 2013
Court: Court of Cassation (Հայաստանի Հանրապետության Վճռաբեկ դատարան)
Citation: Case No. ‘ԵԿԴ/0077/11/12’
Health Topics: Health care and health services, Hospitals, Infectious diseases, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Arman Antonyan, the son of the applicant Susanna Antonyan, died upon receiving treatment at a medical institution. A. Antonyan’s death was caused by acute liver failure resulted from the fulminant viral malignant hepatitis B. On May 31, 2010, S. Antonyan reported to the RA General Prosecutor’s Office that after her son A. Antonyan received treatment …Read more

Tags: Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Hepatitis, Infertility, Negligence, Public hospitals, Testing
Download Judgment: English Armenian

Salakhov and Islyamova v. Ukraine

Country: Ukraine
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more

Tags: Access to health care, Access to treatment, AIDS, Custody, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health records, HIV, HIV positive, HIV status, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, People living with HIV/AIDS, Police, Public hospitals, Remedies, Standard of care, Testing, Trauma
Download Judgment: English
Page 1 of 612345...Last »