Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more
Pediatric Clinic of Los Lagos v. Brazil
Country: BrazilYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more
Solomakhin v. Ukraine
Country: UkraineYear: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more
Eggertsdóttir, Sara Lind v. Iceland
Country: IcelandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 31930/04, Eur. Ct. H.R. 553 (2007).
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial
The applicant, an Icelandic national was born physically and mentally handicapped at the National and University Hospital (NUH). Linking the cause to possible mistakes on the part of the hospital staff, the applicant’s parents brought judicial proceedings on her behalf against the State of Iceland. The District Court found that the State was liable and …Read more
Kutaisi Regional Blood Bank v. Lamira Chaladze
Country: GeorgiaYear: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank. After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more
Laura Albán-Cornejo v. Ecuador
Country: EcuadorYear: 2007
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 171 (Nov. 22, 2007).
Health Topics: Health care and health services, Infectious diseases, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to life
On December 13, 1987, Laura Susana Albán-Cornejo was admitted to a private health institution from expressed symptoms of bacterial meningitis. On December 17, 1987, Albán-Cornejo suffered severe pain for which the resident physician prescribed a 10 mg. dose of morphine. The next day, while under medical treatment, Albán-Cornejo died. The parents, who were with their …Read more
Tysiąc v. Poland
Country: PolandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more
Byrzykowski v. Poland
Country: PolandYear: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more
Case 572 (T.D.Z. Case)
Country: BulgariaYear: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more
Case 02-10957
Country: FranceYear: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°02-10957, 7 December 2004
Health Topics: Informed consent, Medical malpractice
Human Rights: Right of access to information
After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more