The Belgian Professional Association of Urologists, et al. v. The Council of Ministers
Country: BelgiumYear: 1996
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1996-037f, 13 June 1996
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination
Article 21 of the law dated December 21, 1994 (“article 21”) changed mandatory insurance payments so as to not grant fees (or, in certain cases, to grant lesser fees) to urologists or other non-radiologists specialists for diagnostic medical imagery services. However, fees remained payable to radiologists for those same services. The Belgian Professional Association of Urologists …Read more
Yin v. State of California
Country: United StatesYear: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics: Disabilities, Health information, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more
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
McInerney v. MacDonald
Country: CanadaYear: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 138
Health Topics: Health care and health services, Health information, Hospitals
Human Rights: Right of access to information
The respondent, patient, had requested copies of her complete medical records from her physician, the appellant. The patient’s physician provided copies of all the records that she had prepared to the patient. However, she refused to provide copies of the medical reports and records, which she had received from other physicians who had treated the …Read more
R v. Dyment
Country: CanadaYear: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more
Multnomah County Medical Society v. Scott
Country: United StatesYear: 1987
Court: 9th Circuit Court of Appeals
Citation: 825 F.2d 1410 (1987)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
The Multnomah County Medical Society (the Medical Society) filed an action under § 552 of the Freedom of Information Act 1966 (FOIA) to compel James Scott, the deputy administrator of the Health Care Financing Administration (HCFA) tasked with the administration of the State Medicare program, to disclose the names and addresses of all Medicare beneficiaries …Read more
United States v. Westinghouse Electric Corporation
Country: United StatesYear: 1980
Court: 3rd Circuit Court of Appeal
Citation: 638 F.2d 570 (3d Cir. 1980)
Health Topics: Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
The National Institute for Occupational Safety and Health (NIOSH) began a health hazard evaluation of a Westinghouse Electric Corporation plant in Pennsylvania after receiving a request from an authorized union representative from Westinghouse Electric Corporation. Physicians and an industrial hygienist employed by NIOSH did walk-through inspections of the plant. The inspecting physicians suspected that the …Read more
Whalen v. Roe
Country: United StatesYear: 1977
Court: Supreme Court
Citation: 429 U.S. 589 (1977)
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
The Respondents, a group of individual patients, doctors and physician associations, challenged the constitutionality of the New York State Controlled Substances Act of 1972 (‘Act’). Certain provisions of the Act required that all prescriptions for Schedule II drugs (dangerous but permissible medication) be prepared by the physician in triplicate on an official form.The completed form …Read more