83 judgments found.

McCourt v. Abernathy

Country: United States
Year: 1995
Court: Supreme Court of South Carolina
Citation: McCourt v. Abernathy 457 S.E. 2d 603 (S.C. 1995)
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
Facts:

Respondent, Steven McCourt, as representative of his wife, Wendy McCourt, brought wrongful death and survival causes of action against appellant physicians, Glenn Abertnathy and J.D. Clyde and Family Medicine Associates. Decedent Wendy McCourt sought treatment from appellants in December 1987. Dr. Abernathy obtained a history from Wendy revealing a history of liver problems. In March …Read more

Tags: Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Inadequate treatment, Misdiagnosis, Negligence, Primary care, Standard of care, Testing, Tort
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X v. France

Country: France
Year: 1992
Court: European Court of Human Rights
Citation: App. No. 18020/91, 14 Eur. H.R. Rep. 483 (1992).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial
Facts:

The applicant was given a number of blood transfusions and was found to have been infected with the AIDS virus. He alleged that he had been infected a result negligent delay of the Minister for Solidarity, Health and Social Protection in implementing appropriate rules for the supply of blood products. After having made unsuccessful efforts …Read more

Tags: AIDS, Blood transfusion, Compensation, Damages, HIV, HIV positive, HIV status, Negligence, People living with HIV/AIDS, PLHIV, Remedies, Sexually transmitted diseases, Sexually transmitted infections, Smallpox, STDs, STIs, Transmission
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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