113 judgments found.

Association for the Defence of Human Rights in Romania-Helsinki Committee on Behalf of Ionel Garcea v. Romania

Country: Romania
Year: 2015
Court: European Court of Human Rights
Citation: Application No. 2959/11
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Informed consent, Medical malpractice, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a Romanian NGO known as the Association for the Defence of Human Rights in Romania-Helsinki Committee (“Association”), representing a deceased party, Ionel Garcea.  Garcea was a mentally ill prisoner who died in prison. During his sentence, he made a number of complaints about his treatment, with the Association representing him. In June …Read more

Tags: Abuse, Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Duty of care, Emergency care, Epilepsy, Examination, Forced examination, Forced treatment, Imprisonment, Inadequate treatment, Inappropriate treatment, Incapacity, Incarceration, Informed choice, Inmate, Involuntary examination, Involuntary treatment, Jail, Lung disease, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pneumonia, Prison conditions, Psychosis, Pulmonary diseases, Respiratory diseases, Standard of care, Suicide, Trauma
Download Judgment: English

D.N v. The MEC for Health, Gauteng

Country: South Africa
Year: 2015
Court: The High Court Of South Africa, Gauteng North Division, Pretoria
Citation: [2015] ZAGPPHC 645
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff filed a suit against the Member of the Executive Council for negligence on part of the George Mukhari Hospital during and after her caesarean (C-sec) operation and also the manner in which they treated her infant daughter. The said public hospital is under the administration of the Gauteng Provincial Department. The plaintiff was …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Children, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Psychology, Public hospitals, Remedies, Standard of care, Trauma
Download Judgment: English

M., R.R. v. Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa, Gauteng Divison, Pretoria
Citation: Case no. 43421A/2013
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The plaintiff in this case alleged negligence in her legal capacity of a guardian of her child (B) who suffers from cerebral palsy. She alleged that it was the hospital’s negligence during labour and childbirth, which cause a permanent brain damage in her daughter. In her plaint, she stated that the hospital did not keep …Read more

Tags: Access to treatment, Caesarian, Clinics, Duty of care, Health facilities, Negligence, Neurological diseases, Patient choice, Remedies, Standard of care
Download Judgment: English

NN v. The Member of the Executive Council for Health

Country: South Africa
Year: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more

Tags: Access to treatment, Caeserean, Childbirth, Clinics, Duty of care, Infant health, Minor, Negligence, Neurological diseases, Patient choice, Remedies, Right to bodily integrity, Right to Health, Right to life TAGS: Health facilities, Standard of care
Download Judgment: English

Oppelt v. Head, Department of Health, Provincial Administration: Western Cape

Country: South Africa
Year: 2015
Court: The Constitutional Court of South Africa
Citation: [2015] ZACC 33
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health
Facts:

The Appellant is a 17 year old, who suffered spinal injuries during a rugby match, which left him paralysed below his neck and in a quadriplegic state. Thereafter, he received treatment at three hospitals under the responsbiliy of the respondent. At the first hospital, he arrived at around 3 pm and was attended to by …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Duty of care, Emergency care, Health facilities, Inadequate treatment, Negligence, Neurological diseases, Public hospitals, Remedies, Secondary care, Standard of care
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. Nakaseke District

Country: Uganda
Year: 2015
Court: High Court of Uganda at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiffs contended that a woman named Nanteza Irene was brought to the Nakaseke Hospital to deliver a child. She had an obstructed labour and did not receive appropriate medical care due to unavailability of the duty doctor (DW4). The plaintiffs sought damages on account of negligent conduct of the hospital in respect of a …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Clinics, Compensation, Damages, Duty of care, Emergency care, Examination, Health care technology, Health facilities, Inadequate treatment, Maternal health, Maternal mortality, Minor, Negligence, Non-pecuniary damage, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Adam, et al. v. Ledesma-Cadhit, et al.

Country: Canada
Year: 2014
Court: Ontario Superior Court of Justice
Citation: 2014 ONSC 5726
Health Topics: Child and adolescent health, Health information, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more

Tags: Advertising, Awareness, Child mortality, Children, Drug safety, Duty of care, Health promotion, Immunization, Influenza, Minor, Negligence, Notification, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English

Goliath v. The Member Of The Executive Council For Health In The Province Of The Eastern Cape

Country: South Africa
Year: 2014
Court: The Supreme Court Of Appeal Of South Africa
Citation: [2014] ZASCA 182
Health Topics: Health care and health services, Hospitals, Medical malpractice, Medicines, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health
Facts:

The plaintiff underwent a regular hysterectomy for fibroid uterus at Dora Nginza Hospital. A week later, she was readmitted as she was suffering from unbearable pain and wound abscess. The abscess burst, as operation was not conducted on the scheduled date. She was again admitted to the hospital as she complained of a hard swelling …Read more

Tags: Access to health care, Access to treatment, Duty of care, Health facilities, Inadequate treatment, Maternal health, Negligence, Psychology, Public hospitals, Remedies, Standard of care, Sterilization, Trauma
Download Judgment: English

Gray v. Germany

Country: Germany
Year: 2014
Court: The European Court of Human Rights
Citation: Application no. 49278/09
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right to life
Facts:

The applicants are brothers whose father died after being treated by a German doctor for acute pain due to kidney stones. The doctor had ben recruited by a private agency to provide medical services for the National Health Services (NHS). The doctor was suspended by the private agency and returned to Germany. The doctor had …Read more

Tags: Access to treatment, Clinics, Compensation, Damages, Drug safety, Duty of care, Emergency care, Health facilities, Inappropriate treatment, Negligence, Non-pecuniary damage, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Makgetla v. The Member of the Executive Council, Free State Province

Country: South Africa
Year: 2014
Court: The High Court of South Africa, Free State Division
Citation: Case No. 1054/2016
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The plaintiff alleged that the defendant was negligent in causing burn wounds during a thyroid lobectomy operation. She stated that she was not explained the possible complications of the operation. After the effect of Anaesthesia wore off, she complained of severe back pain but was not attended to immediately.

Tags: Damages, Duty of care, Health facilities, Negligence, Primary care, Public hospitals, Standard of care
Download Judgment: English