58 judgments found.

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
Download Judgment:

Airedale NHS Trust v. Bland

Country: United Kingdom
Year: 1993
Court: House of Lords
Citation: [1993] 1 ALL ER 821
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

Mr. Bland was in the care of the health authority, and had been in a persistent vegetative state for three and a half years due to a severe crushed chest injury, which had caused devastating and permanent damage to the higher functions of his brain. He was being fed artificially by a tube inserted through …Read more

Tags: Access to treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

In re T (adult: refusal of medical treatment)

Country: United Kingdom
Year: 1992
Court: Court of Appeal, Civil Division
Citation: [1992] 4 All ER 649, CA
Health Topics: Health care and health services, Informed consent, Mental health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This case dealt with the right to choose how to live, specifically regarding the right to refuse a blood transfusion. Miss T had been raised by her mother, a Jehovah’s witness, but was never baptized into the faith and had told her boyfriend and father that she was not a Jehovah’s Witness. She was 34 …Read more

Tags: Emergency care, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mental competence, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

K.H. v. Malmöhus Läns Landstingskommun

Country: Sweden
Year: 1990
Court: Supreme Court
Citation: NJA 1990 s 442 – Målnummer No. 40
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Facts:

Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more

Tags: Clinics, Disclosure, Duty of care, Examination, Health care professionals, Informed choice, Negligence, Patient choice, Tertiary care, Unauthorized treatment
Download Judgment: English Swedish

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

F v. West Berkshire Health Authority and Anr.

Country: United Kingdom
Year: 1989
Court: House of Lords
Citation: [1989] 2 All ER 545
Health Topics: Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

F was a 36 year old adult woman who suffered from a disability that left her with the mental capacity of a young child.  She had been a voluntary in-patient at a mental hospital since the age of 14, where she received treatment and enjoyed a great degree of freedom of movement. Although the facility …Read more

Tags: Birth control, Compulsory treatment, Forced treatment, Incompetence, Informed choice, Involuntary treatment, Mental competence, Mental disability, Mental retardation, Non-consensual testing and treatment, Patient choice, Sterilization, Unauthorized treatment
Download Judgment: English

H. v. France

Country: France
Year: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
Facts:

  The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia.  In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more

Tags: Confidentiality, Depression, Disabled, Disclosure, Experimental treatment, Health care professionals, Health care workers, Inappropriate treatment, Informed choice, Involuntary treatment, Medical records, Mental disorder, Mental illness, Mental institution, Negligence, Non-consensual testing and treatment, Non-disclosure, Patient choice, Psychiatry, Public hospital, Schizophrenia, Unauthorized treatment
Download Judgment: English French

Winston v. Lee

Country: United States
Year: 1985
Court: Supreme Court
Citation: 470 U.S. 753 (1985)
Health Topics: Informed consent
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to privacy
Facts:

Respondent, Lee, was charged with attempted robbery, malicious wounding, and two counts of using a firearm in the commission of a felony. The Commonwealth of Virginia sought to compel Respondent to undergo a surgical procedure to remove a bullet lodged in his chest; petitioners alleged that the bullet would provide evidence of Respondent’s guilt or …Read more

Tags: Compulsory treatment, Forced treatment, Involuntary treatment, Non-consensual testing and treatment, Unauthorized treatment
Download Judgment: English