46 judgments found.

Zarrillo, Osvaldo Pablo v. Instituto Nacional de Servicios Sociales para Jubilados y Pensionados et al.

Country: Argentina
Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Z. 215. XXXIX.
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent
Human Rights: Freedom of religion, Right of access to information, Right to bodily integrity, Right to health, Right to life, Right to privacy, Right to social security
Facts:

The plaintiff filed a suit against the National Institute of Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] and Prestaciones Médico Asistenciales S.A. [PAMI] for the reimbursement of the surgical procedure the plaintiff had to go through in a Hospital that wasn’t designated by the health insurance company. This occurred because …Read more

Tags: Access to healthcare, Access to treatment, Freedom of Thought, Health care professionals, Health information, Health insurance, Informed choice, Informed consent
Download Judgment: Spanish

Editions Plon v. France

Country: France
Year: 2004
Court: European Court of Human Rights
Citation: Plon (société) v. Fr., App. No. 58148/00, 42 Eur. H.R. Rep. 36 (2006).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information
Human Rights: Freedom of expression, Right to privacy
Facts:

The applicant, a publishing company named Plon, and the authors of a book that contained information about former French President Mitterrand’s secret battle with cancer, entitled “Le Grand Secret,” were stopped through a court injunction by the family of President Mitterrand from distributing the book. On 23 October 1996 the Paris tribunal de grande instance, …Read more

Tags: Cancer, Confidentiality, Disclosure, Health information, Secrecy
Download Judgment: English French

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English

Northwestern v. Ashcroft

Country: United States
Year: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more

Tags: Abortion, Abortion technique, Confidentiality, Criminalization, Disclosure, Electronic health records, Health data, Health information, Medical records, Non-disclosure, Partial birth abortion, Termination of pregnancy
Download Judgment: English

Doe v. United States Postal Service

Country: United States
Year: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
Facts:

The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Doe v. Delie

Country: United States
Year: 2001
Court: 3rd Circuit Court of Appeal
Citation: 257 F.3d 309 (2001)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

The Appellant, Doe, an HIV-positive former inmate of the State Correctional Institution at Pittsburgh (SCIP), brought this claim against SCIP officials, alleging that prison practices violated his constitutional right to privacy under the Fourteenth Amendment to the Constitution. SCIP medical staff informed Doe that his HIV status would be kept confidential. However, because of practices …Read more

Tags: AIDS, Confidentiality, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Herring v. Keenan

Country: United States
Year: 2000
Court: 10th Circuit Court of Appeal
Citation: 218 F.3d 1171 (2000)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Herring, brought this suit alleging a violation of his constitutional right to privacy after his federal probation officer, Keenan, improperly disclosed his HIV status to his sister and to his restaurant employer. In December 1993, Herring voluntarily informed his probation officer that he had taken an HIV test and that he might be …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

In re subpoena v. Dwight L Bailey

Country: United States
Year: 2000
Court: 4th Circuit Court of Appeal
Citation: 228 F.3d 341 (2000)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Facts:

In connection with an investigation into federal healthcare offenses, the Respondents, Dr Bailey and a professional healthcare association, were served with four subpoenas from the United States Attorney for the Western District of Virginia as authorized under 18 U.S.C. § 3486. The subpoenas required, among other things, the production of patient medical records. Section 3486(e)(1) …Read more

Tags: Confidentiality, Disclosure, Electronic health records, Health data, Health information, Health regulation, Medical records, Non-disclosure, Secrecy
Download Judgment: English

A v. New Zealand

Country: New Zealand
Year: 1999
Court: United Nations Human Rights Committee
Citation: CCPR/C/66/D/754/1997
Facts:

The applicant, “A” (name withheld in decision),  was born in December 1955. “A” had one prior criminal conviction for threatening to damage property of Television New Zealand and was sentenced in October 1982 to one year probation. He was arrested again in October 1983 for harassing a young woman (B, name withheld) whom he had …Read more

Tags: access to justice, Arbitrary detention, Assault, Compulsory treatment, Detention, discrimination, Freedom of Thought, Health information, Imprisonment, Mental health, Mental illness, Paranoia, Psychiatry
Download Judgment: English

Mr. X v. Hospital Z

Country: India
Year: 1998
Court: Supreme Court
Citation: AIR 1999 SC 495; JT 1998 (7) SC 626; 1998 (6) SCALE 230
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent
Human Rights: Freedom from discrimination, Right to family life, Right to life, Right to privacy
Facts:

Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more

Tags: Confidentiality, Disclosure, Health information, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English