The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.
Country: UgandaYear: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more
Asiye Genç v. Turkey
Country: TurkeyYear: 2015
Court: The European Court of Human Rights
Citation: ECHR 027 (2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more
D.N v. The MEC for Health, Gauteng
Country: South AfricaYear: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more
Millicent Awuor Omuya& 1 Or. v. Attorney General & 4 Ors.
Country: KenyaYear: 2015
Court: High Court at Nairobi
Citation: Petition No. 562 of 2012
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life, Right to health, Right to liberty and security of person
The petitioners were two women who gave birth and were detained by Pumwani Hospital when they could not pay maternity fees in full upon discharge. The first petitioner was referred to the hospital with a potential breech birth and was detained for 24 days after discharge when she was unable to pay her hospital bill. …Read more
Government of the Republic of Namibia v. LM et al.
Country: NamibiaYear: 2014
Court: Supreme Court of Namibia
Citation: [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
The respondents, three Namibian HIV positive pregnant women, were sterilized while undergoing emergency caesareans. The respondents each signed a consent form, which included consent to the caesarean operation and sterilization through bilateral tubal ligation (BLT) but claimed that they did not provide informed consent which is required for sterilization to be considered lawful. The first …Read more
Government of the Republic of Namibia v. LM, et al.
Country: NamibiaYear: 2014
Court: Supreme Court
Citation: (SA 49/2012) [2014] NASC 19
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to privacy
Three Namibian women who were all pregnant and HIV-positive were sterilized at State hospitals after giving birth. The women claimed they were sterilized without their informed consent, and that they were sterilized due to their HIV-positive status. The first woman said that her doctor (through her nurse) told her that all HIV-positive women must have …Read more
Cojocaru v. British Columbia Women’s Hospital and Health Centre
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more
In the matter of Medical and Dental Practitioners Council and In the matter of the Uganda Medical and Dental Practitioners Council in the Alleged Professional Misconduct by Dr. Asinja Kapuru into the Alleged Loss of a Baby at Mulago National Referral Hospital
Country: UgandaYear: 2013
Court: Medical and Dental Practitioners Council, Uganda
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more
N.B. v Slovakia
Country: SlovakiaYear: 2012
Court: European Court of Human Rights
Citation: N.B. v Slovakia, App. No. 29518/10, Eur. Ct. H.R. (2012).
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to family life
Ms. N.B. was of Roma ethnic origin. She was sterilized at a public hospital, at the age of 17, during the birth of her second child. Ms. N.B. asserted that she had been coerced into signing authorizations for her sterilization, that she was segregated within the hospital due to her ethnicity and that the decision …Read more
Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government
Country: South AfricaYear: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more