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61 judgments found.

Case 02-10957

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°02-10957, 7 December 2004
Health Topics: Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more

Tags: Compensation, Damages, Duty of care, Health care professionals, Informed choice, Patient choice, Remedies, Standard of care, Tort
Download Judgment: English French

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

Gregg v. Scott

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 2
Health Topics: Chronic and noncommunicable diseases, Medical malpractice
Facts:

Mr. Gregg consulted Dr. Scott, his general practitioner about a lump under his arm. Dr. Scott diagnosed the lump wrongfully as being benign. However, it was later discovered that the tumor was cancerous and had spread to various other parts of Mr. Gregg’s body. As a consequence of the Dr. Scott’s misdiagnosis, treatment for Mr. …Read more

Tags: Cancer, Compensation, Damages, Duty of care, Misdiagnosis, Negligence, Noncommunicable diseases, Remedies, Tort
Download Judgment: English

JD (FC) v. East Berkshire Community Health NHS Trust and Ors.

Country: United Kingdom
Year: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
Facts:

JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more

Tags: Children, Domestic abuse, Duty of care, Negligence, Pediatric health, Psychiatry, Psychology, Tort
Download Judgment: English

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

Tags: Damages, Duty of care, Emergency care, Inadequate treatment, Negligence, Standard of care, Tort
Download Judgment: English

Qobalia v. Ministry of Labour, Health and Social Affairs

Country: Georgia
Year: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more

Tags: Awareness, Children, Compensation, Damages, Drug quality, Drug safety, Health data, Health education, Immunization, Informed choice, Labeling, Minor, Neurological diseases, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English Georgian

Roche v. United Kingdom

Country: United Kingdom
Year: 2005
Court:
Citation: Roche v. U.K., App. No. 32555/96, 42 Eur. H.R. Rep. 30 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Occupational health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to due process/fair trial, Right to health, Right to privacy, Right to property
Facts:

Applicant, a United Kingdom national who had served in the British Army, maintains that his health problems, which left him handicapped, were the result of his participation in mustard and nerve gas tests conducted while he served in the British Armed Forces at the Chemical and Biological Defense Establishment (CBDE) at Porton Down Barracks (England) …Read more

Tags: Asthma, Awareness, Contamination, Cruel treatment, Degrading treatment, Duty of care, Inhuman treatment, Negligence, Notification, Pollution, Respiratory diseases, Tort, Torture, Toxic waste
Download Judgment: English French

AB and Ors. v. Leeds Teaching Hospital NHS Trust

Country: United Kingdom
Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to family life
Facts:

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Tags: Awareness, Childbirth, Depression, Diagnostics, Disclosure, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Health facilities, Informed choice, Mental disorder, Miscarriage, Negligence, Non-disclosure, Notification, Parental consent, Patient choice, Pregnancy, Public hospitals, Testing, Tort, Trauma
Download Judgment: English

Chester v. Afshar

Country: United Kingdom
Year: 2004
Court: House of Lords
Citation: [2004] UKHL 41
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

Carole Ogilvy Chester made a claim of medical negligence against her surgeon Fari Afshar and sought damages. Ms. Chester suffered from severe backaches for a considerable amount of time, and was referred to Dr. Afshar who was a renowned consultant neurosurgeon. Dr. Afshar advised her to go in for surgery, which she did. The surgery …Read more

Tags: Awareness, Duty of care, Informed choice, Negligence, Notification, Tort
Download Judgment: English

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English