K.H. v. Malmöhus Läns Landstingskommun
Country: SwedenYear: 1990
Court: Supreme Court
Citation: NJA 1990 s 442 – Målnummer No. 40
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Kerstin H. had an operation intended to lessen pain in her hip, however after the operation she still suffered from the original ailment as well as new pain. Prior to the operation, Kerstin H. had been informed that the doctors aimed “to clean up the area around the nerve” (the doctors had also used such …Read more
Malette v. Shulman et al.
Country: CanadaYear: 1990
Court: Ontario Supreme Court, Court of Appeal
Citation: 67 DLR (4th) 321, 72 OR (2d) 417
Health Topics: Health care and health services, Informed consent, Medical malpractice
Human Rights: Freedom of religion, Right to bodily integrity
Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more
Pt. Parmandand Katara v. Union of India and Ors
Country: IndiaYear: 1989
Court: Supreme Court
Citation: 1989 AIR 2039; 1989 SCR (3) 997; 1989 SCC (4) 286; JT 1989 (3) 496; 1989 SCALE (2) 380
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
After being knocked down in a motor accident with a speeding car, a scooter driver was taken to the nearest hospital by a good Samaritan. The nearest hospital refused to treat the victim. It directed him to another hospital twenty kilometres away which was apparently better suited to provide treatment in medico-legal cases. The victim …Read more
Wideman v. Shallowford Community Hospital
Country: United StatesYear: 1987
Court: United States Court of Appeals, Eleventh Circuit
Citation: Wideman v. Shallowford Community Hospital 826 F. 2d 1030 (11th Cir. 1987)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Plaintiffs, Toni Wideman and her husband, filed suit under 42 USCA Section 1983 which permits civil action for the deprivation of Constitutional rights, against defendants, DeKalb County, Shallowford Hospital, and three DeKalb County EMS employees in their official capacities, seeking damages for the wrongful death of their child. On April 12, 1984, Toni Wideman, who …Read more
Thornburgh v. American College of Obstetricians and Gynecologists
Country: United StatesYear: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1. The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more
Sidaway v. Bethlem Royal Hospital and Ors.
Country: United KingdomYear: 1985
Court: House of Lords
Citation: [1985] AC 871; [1985] 1 All ER 643
Health Topics: Informed consent, Medical malpractice, Medicines
Human Rights: Right to bodily integrity, Right to health
Ms. Sidaway brought an action in negligence against Bethlem Royal Hospital and the hospital’s surgeon after she was left severely disabled from a spinal operation. Ms. Sidaway, who suffered from constant shoulder and neck pains, was advised by a surgeon employed by the hospital to have an operation on her spinal column to relieve her …Read more
Payton v. Weaver
Country: United StatesYear: 1982
Court: Court of Appeal, First District, Division 1, California
Citation: Payton v. Weaver 182 Cal. Rptr. 225 (Cal. Ct. App. 1982)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Medical malpractice, Mental health, Poverty
Human Rights: Right to health
Appellant, Brenda Payton, suffered from end stage renal disease and required weekly dialysis. She also suffered from drug addition, mental illness, and poverty. She brought action against respondents, physician John C Weaver, Jr. and Alba Bates and Herrick hospitals, in form of petition for writ of mandate alleging that they wrongly failed to provide her …Read more
Colautti v. Franklin
Country: United StatesYear: 1979
Court: Supreme Court
Citation: 439 U.S. 379 (1979)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Respondents, a licensed obstetrician and several non-profit organizations, brought suit claiming that § 5(a) of the Pennsylvania Abortion Control Act of 1974 (the Act) was unconstitutionally vague. Section 5(a) of the Act required every person who performed or induced an abortion to have made a determination, based on “experience, judgment or professional competence,” that …Read more
Tunkl v. Regents of the University of California
Country: United StatesYear: 1963
Court: Supreme Court of California, In Bank
Citation: Tunkl v. Regents of the University of California 383 P.2d 441 (Cal. 1963)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Hugo Tunkl filed suit to recover damages for personal injuries alleged to have resulted from the negligence of two physicians at the University of California Los Angeles Medical Center, a non profit charitable institution. Tunkl died after suit was brought, and his wife was substituted as plaintiff. Tunkl was admitted to the UCLA Medical Center …Read more
Wilmington General Hospital v. Manlove
Country: United StatesYear: 1961
Court: Supreme Court of Delaware
Citation: Wilmington General Hospital v. Manlove 174 A. 2d 135 (Del. 1961)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to health
Plaintiff, Darius M. Manlove, as administrator, brought suit against defendant, Wilmington General Hospital, a private hospital, to recover damages for the wrongful death of his infant, Darien E. Manlove, who was refused treatment at the emergency ward of the hospital. On January 4, 1959, four month old Darien E. Manlove developed diarrhea and a fever. …Read more