233 judgments found.

Centro Médico Segurola S.A. v. Estado Nacional

Country: Argentina
Year: 1998
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 1042. XXXIII.
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom of association, Right to development, Right to privacy, Right to property, Right to social security, Right to work
Facts:

The Medical Center “Segurola S.A” (“Centro Médico Segurola S.A”) filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, under article 43 of Argentina’s National Constitution and law 16.986. The plaintiff considered law 24.754 to be unconstitutional because in article 1 it established that the companies that provide prepaid medical …Read more

Tags: Health insurance, Health regulation, Right to Property, Right to work, Social security
Download Judgment: Spanish

In re L (by his next friend GE)

Country: United Kingdom
Year: 1998
Court: House of Lords
Citation: [1998] UKHL 24
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Mr. L was a mentally retarded person who was incapable of consenting to medical treatment. From the age of 13, he had been a resident at the Bournewood Hospital which was governed by the appellant, NHS Trust. Mr. L was discharged from the hospital on a trial basis into the community with paid carers, though …Read more

Tags: Compulsory commitment, Compulsory confinement, Emergency care, Health care professionals, Health care workers, Health facilities, Health regulation, Incapacity, Incompetence, Informed choice, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental institution, Mental retardation, Patient choice
Download Judgment: English

Mistry v. Interim National Medical and Dental Council of South Africa, et al.

Country: South Africa
Year: 1998
Court: Constitutional Court
Citation: 1998 (7) BCLR 880 (CC), [1999] 1 LRC 49
Health Topics: Health systems and financing, Medicines
Human Rights: Right to privacy
Facts:

M, a medical practitioner in private practice, had his property searched pursuant to section 28(1) of the Medicines and Related Substances Control Act, which empowered inspectors appointed by the respondent Interim National Medical and Dental Council of South Africa (“Council”) to search any premise, place, vehicle, vessel or aircraft where there was a reasonable suspicion …Read more

Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: English

Andersson, Anne-Marie v. Sweden

Country: Sweden
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 20022/92, 25 Eur. H.R. Rep. 722 (1998).
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

Applicant, a Swedish national who lived with her youngest son was unable to work as a result of dental problems which caused her severe pain, and anxiety about a dispute with her landlord. She contacted a psychiatric clinic in order to receive a medical certificate which would enable her to claim sickness benefit from the …Read more

Tags: Confidentiality, Counseling, Disclosure, Health data, Health records, Health regulation, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Non-disclosure, Notification, Psychiatry, Psychology, Secrecy, Social security, Subsidies
Download Judgment: English French

Case 180838

Country: France
Year: 1997
Court: Conseil d'État (Council of State)
Citation: N° 180838 180839 180867. , 30 April 1997
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

The national association for the ethics of liberal medicine (l’Association nationale pour l’éthique de la médecine libérale) requests the annulment of Articles 6, 11, 17, 19 and 20 of the Ordinance of 24 April 1996 on the medical control of health spending using an adjustment mechanism for medical expenses. Articles 17, 19 and 20 institute …Read more

Tags: Access to health care, Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: French

Case 1997-020

Country: Belgium
Year: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°19967-020f, 15 April 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Facts:

The professional Union of Belgian and International Insurance Companies (“UPEA”) introduced a request to annul articles 24, 4, and 25 (the “impugned provisions”) of the law dated December 20, 1995 (the “contested law”), which pertained to mandatory healthcare and indemnity insurance. UPEA asserted that article 24, 4, of the contested law conferred to certain physician …Read more

Tags: Health care professionals, Health care workers, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Social security, Subsidies
Download Judgment: English French Flemish

Case 1997-033f

Country: Belgium
Year: 1997
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1997-033f, 29 May 1997
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination
Tags: Health care professionals, Health care workers, Health regulation
Download Judgment: French Flemish

Joint Stock Company “Transkop”, Bitola to the Constitutional Court

Country: Macedonia
Year: 1997
Court: Constitutional Court
Citation: 77/1998-0-0
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Joint Stock Company ‘Transkop’, Bitola (the Company), challenged two bylaws establishing conditions on the funding of treatment abroad by the Health Insurance Fund. These bylaws were the Rulebook on the conditions and manner for referring the insurees to treatment abroad (the Rulebook) and the Resolution of the Minister of Health no.02-1439/1 delivered on February …Read more

Tags: Access to health care, Access to treatment, Emergency care, Employment, Health funding, Health insurance, Health regulation, Out-of-pocket expenditures, Reimbursement, Social security, Tertiary care
Download Judgment: English Macedonian

R v. Human Fertilisation and Embryology Authority, ex parte Blood

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Compulsory treatment, Family planning, Forced treatment, Health care technology, Health regulation, In utero fertilization, In vitro fertilization, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Spousal consent, Unauthorized treatment
Download Judgment: English

Waldman v. The Medical Services Commission of British Columbia, et al.

Country: Canada
Year: 1997
Court: Supreme Court of British Columbia
Citation: [1997] B.C.J. No. 1793, 150 D.L.R. (4th) 405, [1998] 5 W.W.R. 9.
Health Topics: Health systems and financing
Human Rights: Freedom from discrimination, Freedom of movement and residence, Right to liberty and security of person, Right to work
Facts:

Three doctors challenged the Medical Services Commission of British Columbia’s (“the Commission’s”) variable fee-for-service rates, which were based on province of residence and physician seniority. In 1994, the Commission enacted interim measures under which new billers (medical practitioners who applied to the Commission after February 11, 1994) were issued restricted billing numbers. New billers were …Read more

Tags: Budget, Health care professionals, Health expenditures, Health funding, Health insurance, Health regulation, Health spending
Download Judgment: English