The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more
The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more
The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more
The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more
The complainants were human rights activists who were arrested, tortured and ill-treated by the Intelligence Services of Sudan. They were also compelled to leave Sudan. Mr. Suliman’s human rights organization was further shut down by the Sudanese Authorities. During the interrogation, the authorities threatened to kill and rape Mr. Hummeida. He was further denied medical …Read more
An executive order was passed in Manila by the local authorities stating that it would take an affirmative stand on pro-life issues. In 1991, Philippines had delegated the issue of people’s health and safety to the local authorities therefore they could make policy decisions such as family planning services, population and health services. The Executive …Read more
The appellant Kavita’s 12-year-old daughter (minor victim) was raped and she became aware of her minor daughter’s pregnancy after 20 weeks had passed. Both the mother and daughter were desirous of getting the unwanted pregnancy terminated. Under section 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter ‘the Act’) an unwanted pregnancy can be …Read more
This case involved the Patient Protection and Affordable Care Act (the Act) that had adopted three major health insurance reforms. In particular the Act adopted the ‘guaranteed issue’ requirement that prevented insurers from denying insurance coverage for an individual due to his state of health; the ‘community rating’ requirement that required insurers from imposing higher …Read more
The plaintiffs filed a guarantee of protection of individual constitutional rights (amparo protection) with the First Instance Court of the Province of Mendoza to condemn the Health Insurance of Public Personnel [Obra Social de Empleados Públicos – O.S.E.P] to provide comprehensive coverage of the assisted reproductive treatment by intracytoplasmic sperm injection (ICSI) with pre-implantation genetic diagnostic …Read more
The plaintiff filed a suit against ACA Salud Cooperativa de Prestaciones de Servicios Médico Asistenciales Limitada to provide a therapeutic companion and comprehensive coverage for the treatment that she carried out in the Anorexia and Bulimia Prevention Association [Asociación de Lucha contra la Bulimia y la Anorexia – ALUBA]. The Provincial First Instance Court of Necochea …Read more
The plaintiffs, the legal guardians of their brother, filed a complaint so that the Court order the withdrawal of enteral tube feeding and hydration of their brother that artificially keep him with life. The patient in October 23 of 1994 suffered a car accident that left him in a permanent vegetative state. His representatives based …Read more
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Commission for the Integration of Disabled People [Comisión Nacional Asesora para la Integración de las Personas Discapacitadas] for them to provide the comprehensive coverage of the medical services the plaintiff needed due to her disability. The National Commission argued that …Read more
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program …Read more
The plaintiff, a Civil Association for the Defense of Rights in the Federal and International Level [Asociación Civil para la Defensa en el Ámbito Federal e Internacional de Derechos – Asociación DE.FE.IN.DER.], filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Institution for Social Security Services for Retiree [Instituto Nacional …Read more
The petitioner was a patient suffering from haemophilia and was receiving treatment at a government hospital. However, after he did not respond to initial treatment, the doctors discharged him, stating that they could no longer afford to administer the advanced palliative treatment (Activated Recombinant Factor VIIa) to him. This treatment would have cost 1,40,000 rupees …Read more
The applicants, two prisoners with HIV and an interested non-governmental organization, complain that the policy of denying Highly Active Antiretroviral Therapy (“HAART”) to non-citizen inmates is a violation of the rights of such non-citizen prisoners under the Constitution of Botswana. HAART is a drug treatment that helps control HIV mutation and reduces the likelihood of …Read more
Mr. Abdida, a Niegrian national, was in Belgium seeking asylum from torture and inhuman treatment. While in Belgium, he suffered from a serious illness and submitted an application to reside in Belgium on medical grounds. The application was accepted, and he began receiving social assistance from the Public Social Action Centre of Ottignies-Louvain-la-Neuve (“CPAS”). In 2011, …Read more
Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more
Ms. Sarka Dubska and Ms. Alexandra Krejzova sued the Government of the Czech Republic, alleging that a Czech law forbidding health professionals from attending home births was in violation of the right to private life as provided for in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Dubska …Read more
Duque and his same-sex partner lived together as a couple for over ten years, until his partner died from AIDS. Four years prior to the death, Duque was diagnosed with HIV and was being treated under support from his partner. When his partner died, Duque asked the COLFONDOS (the pension service) to ask what requirements …Read more
The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more
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
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more
This is a case about the applicant challenging an order from Mental Health Tribunal (“the Tribunal”) that demanded her involuntary admission to St. John of God’s Hospital (“the Hospital”) for treatment of a mental disorder. On April 28th, 2014, a member of An Garda Síochána detained the applicant because there were sufficient grounds to believe …Read more
In 2012, the Governor-in-Council passed two orders modifying the Interim Federal Health Program (IFHP), thereby reducing health insurance coverage for refugee and asylum claimants in Canada. Canadian Doctors for Refugee Care (CDRC) and two groups of lawyers challenged the changes to the program to restore better coverage as the changes had a significant negative impact …Read more
Amirov is a local politician who was arrested and charged in June 2013 with attempted murder, attempting to organize a terrorist attack, and related charges. Amirov was paralyzed in 1993 and requires constant medical care. Amirov argued that he should not be detained pending trial because of his poor health, age and position in the …Read more
The plaintiff underwent a regular hysterectomy for fibroid uterus at Dora Nginza Hospital. A week later, she was readmitted as she was suffering from unbearable pain and wound abscess. The abscess burst, as operation was not conducted on the scheduled date. She was again admitted to the hospital as she complained of a hard swelling …Read more
The plaintiff alleged that the defendant was negligent in causing burn wounds during a thyroid lobectomy operation. She stated that she was not explained the possible complications of the operation. After the effect of Anaesthesia wore off, she complained of severe back pain but was not attended to immediately.