Doe v. Wigginton
Country: United StatesYear: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
Kay v. United Kingdom
Country: United KingdomYear: 1994
Court: European Commission on Human Rights
Citation: Application No. 17821/91
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The applicant, a British citizen, claimed violations of sections one and four of Article 5 of the European Convention on Human Rights (the “Convention”) related to his involuntary recall to medical detention by the Home Secretary. In 1970, the applicant raped and killed his twelve year old neighbor. In January of 1971, the applicant pled …Read more
Women Prisoners of the District of Columbia Department of Corrections, et al. v. District of Columbia
Country: United StatesYear: 1994
Court: United States District Court, District of Columbia
Citation: 877 F.Supp. 634 (D.D.C. 1994)
Health Topics: Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Tobacco, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Women inmates in the District of Columbia (D.C.) correctional system alleged that they were being mistreated in a variety of ways, including sexual harassment, failure to provide or inadequate levels of obstetrical and gynecological care, unequal educational and work-related programming as compared to similarly situated male inmates, uneven recreational and religious time, and general inhumane …Read more
Burditt v. U.S. Department of Health and Human Services
Country: United StatesYear: 1991
Court: United States Court of Appeals, Fifth Circuit
Citation: Burditt v. U.S. Department of Health and Human Services 934 F.2d 1362 (5th Cir. 1991)
Health Topics: Health care and health services, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right to health
Petitioner, physician Michael Burditt, appealed a $20,000 civil penalty determination made by respondent, the Executive Appeals Board of Department of Health and Human Services, for the petitioner’s violation of the Emergency Medical Treatment and Active Labor Act (EMTALA). On December 5, 1986 at 4:00pm, Ms. Rosa Rivera arrived at the emergency room of DeTar Hospital …Read more
Doe v. Attorney General of the US
Country: United StatesYear: 1991
Court: 9th Circuit Court of Appeal
Citation: 941 F.2d 780 (1991)
Health Topics: Disabilities, Health care and health services, Health information, HIV/AIDS, Hospitals, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
John Doe brought a lawsuit against the Federal Bureau of Investigation (FBI) and Agent Held alleging that they discriminated against him by ceasing to send agents to him for physical examinations because of his AIDS. John Doe was a physician who gave physical examinations to FBI agents and to potential agents in the hiring process. …Read more
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
W v. Egdell
Country: United KingdomYear: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more
Webster v. Reproductive Health Services
Country: United StatesYear: 1989
Court: Supreme Court
Citation: 492 U.S. 490 (1989)
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Reproductive Health Services (RHS), a non-profit organization, brought this class action suit challenging the constitutionality of a Missouri law (the Act) regulating the performance of abortions. The Act did the following: Set forth, in the preamble, that the “life of each human being begins at conception,” and that “unborn children have protectable interests in life, …Read more
Francisco C. De La Rama v. The People’s Court
Country: PhilippinesYear: 1946
Court: Supreme Court
Citation: G.R. No. L-982
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to liberty and security of person
The Petitioner was an accused seeking bail on the grounds of ill health. In the meantime, he had filed a motion asking for permission to be confined and treated in a hospital while the bail petition was being considered. The People’s Court ordered that the Petitioner be temporarily confined and treated in the Quezon Institute, …Read more
Richardson v. Redpath Brown and Co. Ltd.
Country: United KingdomYear: 1944
Court: House of Lords
Citation: [1944] 1 All ER 110
Health Topics: Disabilities, Health care and health services, Occupational health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The employer of an injured steel erector sued its employee, seeking an injunction that would require the employee to undergo radical surgery to obtain relief from a hernia. The hernia, which arose out of and in the course of the employee’s designated work, rendered the employee incapable of performing key work functions. As per the …Read more