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

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the health insurance company which covers her son to compel them to perform a high complexity surgery. The health insurance company argued that it wouldn’t cover the surgery because it was not included in the healthcare, and that the plaintiff should …Read more

The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more

The constitutionality of law n° 99-641 of July 23, 1999 Loi portant création d’une couverture maladie universelle (Act Creating Universal Health Coverage), was challenged in the Conseil Constitutionnel. The Act was structured as follows: Article 1 created universal health insurance, guaranteeing everyone care under a health insurance scheme. Low income earners were given the right …Read more

The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, …Read more

Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more

The appellant was a medical practitioner whose registration was suspended on several occasions following decisions of the Health Committee of the General Medical Council (“Committee”) that her fitness to practice was impaired by reason of her mental condition. In 1998, when the option of imposing an indefinite suspension was available to the Committee under section …Read more

French government issued a decree on 19 December 1996 which, according to article L.162-5-3 of the Social Security Code, requires doctors to pay back social security payment if they do not meet their expected health expenses. Doctors’ trade unions challenged this decree, on the ground that it creates a sanction towards doctors whereas they are …Read more