This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

The Competition Commissioner initiated a complaint and undertook an investigation into an alleged prohibited practice by the Respondent, Board of Healthcare Funders of Southern Africa. Respondent was an association that represented approximately 85% of medical aid schemes in South Africa that, among other things, determined, recommended and published benchmark tariffs for health care services annually. …Read more

In 1999, it was disclosed that for many years tissue and organs had been taken at or after post-mortems on deceased children, which were retained without the knowledge of the parents. Hospital post-mortem examinations were generally carried out following the death of a person in a hospital, provided, in accordance with the Human Tissue Act …Read more

Mr. Rodrigo Alberto Valencia Echeverri brought a Constitutional Action against Cafesalud EPS (“EPS”), a Health Promoting Entity, arguing that his fundamental rights to health and social security had been violated. The plaintiff affirmed that EPS would not administer a medicine called “gadolinium contrast dye”, which was required to conduct a “brain magnetic resonance” exam. This …Read more

Mrs. Torres Puerta (the “Patient”) was affiliated with E.P.S. Coomeva, a Health Providing Entity. (Note: in Colombia, Health Providing Entities are in charge of providing healthcare services to employees, who must subscribe to one of such entities and pay a monthly fee which their employer deducts from their salary). In 2002, The Patient received authorization …Read more

The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more

In the summer of 2000, the appellant suffered an injury while walking in the subway. She went to the public Hospital Severo Ochoa in Leganés where she was erroneously diagnosed with a sprained ankle. She was treated and had three additional examinations but continued to feel pain even after various treatments. She then went to …Read more

Mr. XX filed a tutela action (appeal for legal protection) against the Ministry of National Defence-School of Cadets for expelling him after discovering that he was HIV-positive during a blood donation. The discharge occurred two months before the petitioner was to be promoted to Second Lieutenant. The petitioner had passed all health exams and was found …Read more

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more