113 judgments found.

K.H. v. Malmöhus Läns Landstingskommun

Country: Sweden
Year: 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
Facts:

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

Tags: Clinics, Disclosure, Duty of care, Examination, Health care professionals, Informed choice, Negligence, Patient choice, Tertiary care, Unauthorized treatment
Download Judgment: English Swedish

Malette v. Shulman et al.

Country: Canada
Year: 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
Facts:

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

Tags: Compensation, Compulsory treatment, Damages, Duty of care, Emergency care, Forced treatment, Inappropriate treatment, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English

Pt. Parmandand Katara v. Union of India and Ors

Country: India
Year: 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
Facts:

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

Tags: Duty of care, Emergency care, Negligence, Tort
Download Judgment: English

Wideman v. Shallowford Community Hospital

Country: United States
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals
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Thornburgh v. American College of Obstetricians and Gynecologists

Country: United States
Year: 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
Facts:

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

Tags: Abortion, Abortion technique, Access to treatment, Children, Criminalization, Duty of care, Family planning, Infant health, Informed choice, Maternal health, Maternal mortality, Minor, Negligence, Pregnancy, Termination of pregnancy
Download Judgment: English

Sidaway v. Bethlem Royal Hospital and Ors.

Country: United Kingdom
Year: 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
Facts:

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

Tags: Duty of care, Informed choice, Patient choice
Download Judgment: English

Payton v. Weaver

Country: United States
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Addiction, Damages, Drug abuse, Duty of care, Indigent, Kidney disease, Low income, Mental illness, Substance abuse
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Colautti v. Franklin

Country: United States
Year: 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
Facts:

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

Tags: Abortion, Abortion technique, Access to treatment, Criminalization, Duty of care, Family planning, Informed choice, Maternal health, Maternal mortality, Negligence, Partial birth abortion, Pregnancy, Termination of pregnancy
Download Judgment: English

Tunkl v. Regents of the University of California

Country: United States
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Duty of care, Negligence, Public hospitals, Tort
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Wilmington General Hospital v. Manlove

Country: United States
Year: 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
Facts:

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

Tags: Access to health care, Access to treatment, Damages, Duty of care, Emergency care, Health care professionals, Infant health, Private hospitals
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