80 judgments found.

Gray v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to life
Facts:

The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more

Tags: Access to treatment, Clinics, Compensation, Damages, Drug safety, Duty of care, Emergency care, Health facilities, Inappropriate treatment, Negligence, Non-pecuniary damage, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

H v. Fetal Assessment Centre

Country: South Africa
Year: 2014
Court: Constitutional Court of South Africa
Citation: (CCT 74/14) [2014] ZACC 34
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

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

Tags: Abortion, Awareness, Child development, Children, Compensation, Confidentiality, Damages, Diagnostics, Differently abled, Disabled, Disclosure, Examination, Health care technology, Informed choice, Minor, Misdiagnosis, Negligence, Termination of pregnancy, Testing, Tort
Download Judgment: English

Makgetla v. The Member of the Executive Council, Free State Province

Country: South Africa
Year: 2014
Court: The High Court of South Africa, Free State Division
Citation: Case No. 1054/2016
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

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.

Tags: Damages, Duty of care, Health facilities, Negligence, Primary care, Public hospitals, Standard of care
Download Judgment: English

Buthelezi v Ndaba

Country: South Africa
Year: 2013
Court: The Supreme Court of Appeal of South Africa
Citation: [2013] ZASCA 72
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The respondent patient had filed a claim of negligence against the appellant doctor. She alleged that she suffered from urine incontinence after her hysterectomy surgery performed by the appellant. When she consulted a urologist, it was found that a fistula or hole was present in the patient’s bladder wall. In the High Court, there was …Read more

Tags: Compensation, Damages, Duty of care, Health facilities, Negligence, Private hospitals, Remedies, Standard of care
Download Judgment: English

Cojocaru v. British Columbia Women’s Hospital and Health Centre

Country: Canada
Year: 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
Facts:

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

Tags: Caesarean, Child development, Childbirth, Children, Compensation, Counseling, Damages, Differently abled, Disabled, Duty of care, Emergency care, Examination, Handicapped, Health care professionals, Health care workers, Inadequate treatment, Infant health, Informed choice, Maternal health, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Parental consent, Parental notification, Physically challenged, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English French

Csoma v. Romania

Country: Romania
Year: 2013
Court: European Court of Human Rights
Citation: Application No.8759/05
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant, Ms. Julia Kinga Csoma, alleged that her gynecologist had committed “grievous unintentional bodily harm and negligence” due to serious medical errors in her treatment. Csoma became pregnant in January 2002.  Her pregnancy was monitored by a gynecologist at the town hospital where Csoma worked as a nurse.  The fetus was diagnosed with hydrocephalus, …Read more

Tags: Abortion, Abortion technique, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health facilities, Health records, Infertility, Informed choice, Medical records, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Public hospitals, Remedies, Sterilization, Termination of pregnancy, Tort
Download Judgment: English

Ediger v. Johnston

Country: Canada
Year: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more

Tags: Compensation, Damages, Differently abled, Disclosure, Duty of care, Emergency care, Health care professionals, Infant health, Informed consent, Medical negligence, Negligence, Standard of care, Tort
Download Judgment: English

G.B. and R.B. v. The Republic of Moldova

Country: Moldova
Year: 2013
Court: European Court of Human Rights
Citation: Application No. 16761/09
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

Plaintiffs in this case were husband and wife. When G.B. was giving birth at the Stefan-Vodă regional hospital, a state-owned regional hospital, the head of the obstetrics and gynecology department preformed a Caesarean section on her and removed her ovaries and Fallopian tubes without obtaining her permission. As a result, G.B. suffered early menopause and …Read more

Tags: Caesarian, Childbirth, Compensation, Compulsory sterilization, Damages, Forced sterilization, Health care professionals, Health care workers, Health facilities, Involuntary sterilization, Negligence, Non-consensual testing and treatment, Non-pecuniary damages, Pregnancy, Public hospitals, Remedies, Sterilization, Tort, Unauthorized treatment
Download Judgment: English

Bajić v. Croatia

Country: Croatia
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 41108/10
Health Topics: Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicant’s sister died in 1994 after being admitted to the hospital for an abdominal tumor. The applicant lodged a series of criminal, administrative, and civil complaints against Dr. V.B., a surgeon and a professor at the University of Zagreb Medical Faculty. The applicant alleged medical malpractice and bribery. In 1994, the applicant lodged a …Read more

Tags: Compensation, Damages, Inadequate treatment, Inappropriate treatment, Negligence, Remedies, Tort
Download Judgment: English

Georgina Ahamefule v. Imperial Medical Centre

Country: Nigeria
Year: 2012
Court: High Court of Lagos State
Citation: Suit No. ID/16272000
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
Facts:

The Plaintiff was a nurse at a medical centre. Defendants were the medical centre and a doctor at the centre. While employed at the medical centre, the Plaintiff became pregnant and developed a skin disorder. She sought medical attention and the Defendant doctor performed several diagnostic tests. Neither the nature nor the outcome of the tests …Read more

Tags: Access to health care, Access to treatment, AIDS, Compensation, Compulsory testing, Damages, Duty of care, Employment, HIV, HIV positive, HIV status, Informed choice, Involuntary testing, Mandatory testing, Maternal health, Miscarriage, Negligence, Non-consensual testing and treatment, Patient choice, People living with HIV/AIDS, PLHIV, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Transmission
Download Judgment: English