Claimants v Fonterra Brands (China) Limited
Country: ChinaYear: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more
Hin Lin Yee and Another v. Hksar
Country: ChinaYear: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more
Kayankin v. Russia
Country: RussiaYear: 2010
Court: European Court of Human Rights
Citation: Kayankin v. Russia, App. No. 24427/02, Eur. Ct. H.R. (2010).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a Russian citizen, appeared before a military medical commission for a preliminary health assessment prior to being drafted to the Russian military. The commission diagnosed the applicant with hypotrophy of unknown genesis and declared him temporarily unfit to serve in the military. Six months later, the commission reexamined the applicant and found him …Read more
Kozhokar v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
Oyal v. Turkey
Country: TurkeyYear: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more
Case 1-27/2009
Country: UkraineYear: 2009
Court: Turiyskiy District Court
Citation: Case No. 1-27/2009
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more
Case 4866/2009
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more
Peter Paul Patrick Lucas, et al. v. Dr. Prospero Ma. C. Tuaño
Country: PhilippinesYear: 2009
Court: Supreme Court of Philippines
Citation: [2009] PHSC 420
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
The petitioner, Peter Lucas first consulted the respondent, Dr. Tuano who was an ophthalmologist, for treatment of soreness and redness in his right eye. The respondent, after a series of examinations found that Peter was suffering from conjunctivitis and prescribed Spersacet-C eye-drops. However, after a few days Peter’s eye condition worsened and he approached the …Read more
Šilih v. Slovenia
Country: SloveniaYear: 2009
Court: The European Court of Human Rights
Citation: Application No. 71463/01
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Applicants were Slovenian nationals whose son of 20 years old died as a result of an allergic reaction to one of the medications. The medication was given by the duty doctor to treat the son’s urticaria. The applicants alleged medical negligence and filed a criminal complaint, which was dismissed for the lack of evidence. The …Read more
Stuart v. Kirkland-Veenstra
Country: AustraliaYear: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …Read more