119 judgments found.

Pelman ex rel. Pelman v. McDonald’s Corp

Country: United States
Year: 2005
Court: United States Court of Appeals, Second Circuit
Citation: Pelman ex rel. Pelman v. McDonald’s Corp 396 F.3d 508 (2d Cir. 2005)
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health information
Human Rights: Right to health
Facts:

Plaintiffs, Ashley Pelman and Jazlen Bradley, brought suit against defendant, McDonald’s Corporation, for violating Section 349 and 350 of the New York General Business Law, known commonly as the New York Protection Act between 1987 and 2002 on three counts. Count I claimed that the effect of McDonald’s promotions was to create the false impression …Read more

Tags: Advertising, Awareness, Cancer, Diabetes, Diet, Disclosure, Food, Food safety, Health promotion, Heart disease, Malnutrition, Noncommunicable diseases, Obesity
Download Judgment:

AB and Ors. v. Leeds Teaching Hospital NHS Trust

Country: United Kingdom
Year: 2004
Court: High Court of Justice, Queen's Bench Division
Citation: [2004] EWHC 644 (QB), [2005] Lloyds Rep Med 1, [2004] 2 FLR 365, [2005] 2 WLR 358, [2004] Fam Law 501, [2005] QB 506, [2004] 3 FCR 324, [2005] Lloyd's Rep Med 1, (2004) 77 BMLR 145
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity, Right to family life
Facts:

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

Tags: Awareness, Childbirth, Depression, Diagnostics, Disclosure, Duty of care, Examination, Family planning, Health care professionals, Health care workers, Health facilities, Informed choice, Mental disorder, Miscarriage, Negligence, Non-disclosure, Notification, Parental consent, Patient choice, Pregnancy, Public hospitals, Testing, Tort, Trauma
Download Judgment: English

Case 2004-162f

Country: Belgium
Year: 2004
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2004-162f, 20 October 2004
Health Topics: Health information
Human Rights: Right to privacy
Tags: Confidentiality, Disclosure
Download Judgment: French Flemish

Editions Plon v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Plon (société) v. Fr., App. No. 58148/00, 42 Eur. H.R. Rep. 36 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant, a publishing company named Plon, and the authors of a book that contained information about former French President Mitterrand’s secret battle with cancer, entitled “Le Grand Secret,” were stopped through a court injunction by the family of President Mitterrand from distributing the book. On 23 October 1996 the Paris tribunal de grande instance, …Read more

Tags: Cancer, Confidentiality, Disclosure, Health information, Secrecy
Download Judgment: English French

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English

J.A.O. v. Homepark Caterers LTD, et al.

Country: Kenya
Year: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
Facts:

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

Tags: AIDS, Confidentiality, Degrading treatment, Diagnostics, Disclosure, Examination, Health care professionals, Health care workers, Health data, Health facilities, Health records, HIV, HIV positive, HIV status, Humiliating treatment, Inhuman treatment, Medical records, Non-disclosure, Notification, People living with HIV/AIDS, PLHIV, Secrecy, Testing
Download Judgment: English

Lemo v. Northern Air Maintenance (Pty) Ltd.

Country: Botswana
Year: 2004
Court: Industrial Court
Citation: 2004 (2) BLR 317 (IC)
Health Topics: Health information, HIV/AIDS, Hospitals, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to work
Facts:

The Applicant, Lemo, was employed by the Respondent, Northern Air Maintenance, as a trainee aircraft engineer. During a period of four years, the Applicant’s health deteriorated considerably. He consistently exhausted his annual and sick leave days and took unpaid leave, often for months at a time, in order to obtain medical assistance. Due to his …Read more

Tags: Antiretrovirals, ARVs, Confidentiality, Degrading treatment, Disclosure, Employment, Health care professionals, Health care workers, HIV, HIV positive, Inhuman treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Public hospitals
Download Judgment: English

Northwestern v. Ashcroft

Country: United States
Year: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more

Tags: Abortion, Abortion technique, Confidentiality, Criminalization, Disclosure, Electronic health records, Health data, Health information, Medical records, Non-disclosure, Partial birth abortion, Termination of pregnancy
Download Judgment: English

Santosh Mittal v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
Facts:

The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more

Tags: Awareness, Cancer, Clean water, Disclosure, Food, Food poisoning, Food safety, Freedom of information, Pesticide, Poisoning, Potable water, Safe drinking water
Download Judgment: English

Case 22/2003 (IV.28)

Country: Hungary
Year: 2003
Court: Constitutional Court
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to life
Facts:

The Court of Hungary received several petitions regarding the right of patients suffering from terminal illnesses to end their lives with dignity and consolidated the petitions into a single judgment. One petition asked the Court to declare unconstitutional and annul the last sentence in Section 43, paragraph (2) of Act II of 1972 on Healthcare. …Read more

Tags: Awareness, Disclosure, Duty of care, Forced treatment, Health care professionals, Health care workers, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Palliative care, Patient choice, Unauthorized treatment
Download Judgment: English