Vo v. France
Country: FranceYear: 2004
Court: European Court of Human Rights
Citation: Application No. 53924/00; (2005) 40 EHRR 12; 17 BHRC 1; [2005] Inquest LR 129; (2004) 79 BMLR 71; [2004] 2 FCR 577; [2004] ECHR 326
Health Topics: Health care and health services, Medical malpractice, Sexual and reproductive health
Human Rights: Right to life
Mrs. Thi-Nho Vo attended Lyons General Hospital for a medical examination during her pregnancy. On the same day, another woman, Mrs. Thi Thanh Van Vo, was at the hospital to have a contraceptive coil removed. When Dr. G, the doctor who was to remove the coil from Mrs. Thi Thanh Van Vo, asked for ‘Mrs. …Read more
Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]
Country: ChinaYear: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more
Cattanach v. Melchior
Country: AustraliaYear: 2003
Court: High Court
Citation: (2003) 215 CLR 1; (2003) 199 ALR 131; (2003) 77 ALJR 1312; [2003] HCA 38
Health Topics: Child and adolescent health, Medical malpractice, Sexual and reproductive health
The respondents (plaintiffs at first instance), a married couple, decided not to have any more children. Mrs. M elected to have sterilization surgery (tubal litigation) performed by the appellant (defendant). Mrs. M told the appellant that her right fallopian tube had been removed and on examination that appeared to be correct, so appellant only performed …Read more
Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]
Country: ChinaYear: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more
BT v. Oei
Country: AustraliaYear: 1999
Court: Supreme Court of New South Wales
Citation: [1999] NSWSC 1082
Health Topics: Controlled substances, Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice, Mental health, Sexual and reproductive health
The case was brought by BT on behalf of herself and on behalf of the estate of her late husband, AT, against the defendant, a general practitioner, who was AT’s doctor from 26 November 1991 to 22 January 1993. The case arose as a result of the defendant’s alleged negligent failure to diagnose AT’s HIV …Read more
Naxakis v. Western General Hospital
Country: AustraliaYear: 1999
Court: High Court
Citation: (1999) 197 CLR 269; (1999) 162 ALR 540; (1999) 73 ALJR 782; (1999) 9 Leg Rep 2; [1999] HCA 22
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial
In July 1980 the appellant, who was 12 years old at the time, was struck on the head by the bag of a schoolmate and collapsed. The appellant was seen by a general practitioner who referred him to Western General Hospital, the first respondent, where he was placed under the care of Mr. Jensen, the …Read more
Causey v. St. Francis Medical Center
Country: United StatesYear: 1998
Court: Court of Appeal of Louisiana
Citation: Causey v. St. Francis Medical Center 719 So. 2d 1072 (La. Ct. App. 1998)
Health Topics: Aging, Informed consent, Medical malpractice
Plaintiffs, the Causey family, brought this petition for damages against defendants, St. Francis Medical Center (SFMC) and Dr. Harter, for administering treatment to decedent, Sonya Causey, without consent which they argued as an intentional tort outside of the scope of Louisiana’s Medical Malpractice Act. Claims that fell within the Medical Malpractice Act must be submitted …Read more
Lowns v. Woods; Procopis v. Woods
Country: AustraliaYear: 1996
Court: Supreme Court of New South Wales
Citation: [1996] Aust Torts Reports 81
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Medical malpractice, Medicines
The plaintiff is the father of a child who suffered from seizures and who received brain damage due to a particular seizure. During that particular seizure, the mother had sent another child to call the local doctor, one of the defendants, who did not come. As New Zealand imposes a statutory duty on doctors to …Read more
CES and Anr. v. Superclinics and Ors.
Country: AustraliaYear: 1995
Court: Supreme Court of New South Wales
Citation: (1995) 38 NSWLR 47; (1995) Aust Torts Reports 81-360
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
CES (‘the first appellant’) sought damages from Superclinics (‘respondent’) for the loss of an opportunity to terminate her pregnancy. The first appellant, a 21-year-old woman, visited a doctor at Superclinics after she missed her period. She stated that if she were found to be pregnant, she would like the pregnancy terminated. The doctor did not …Read more
Kobe ter Neuzen v. Korn
Country: CanadaYear: 1995
Court: Supreme Court
Citation: [1995] 3 S.C.R. 674, [1995] S.C.J. No. 79
Health Topics: HIV/AIDS, Infectious diseases, Medical malpractice, Sexual and reproductive health
The plaintiff was infected with HIV through an artificial insemination (“AI”) procedure performed by the defendant physician in 1985, before the various methods of HIV transmission were widely known. The physician performed 35 AI procedures on the plaintiff between 1981 and January 1985. The physician did not warn the plaintiff about the possibility of HIV …Read more