Bajić v. Croatia
Country: CroatiaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 41108/10
Health Topics: Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
The applicant’s sister died in 1994 after being admitted to the hospital for an abdominal tumor. The applicant lodged a series of criminal, administrative, and civil complaints against Dr. V.B., a surgeon and a professor at the University of Zagreb Medical Faculty. The applicant alleged medical malpractice and bribery. In 1994, the applicant lodged a …Read more
Center for Health Human Rights and Development (CEHURD) v. Attorney General
Country: UgandaYear: 2012
Court: Constitutional Court
Citation: Constitutional Petition No. 16 of 2011
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Medicines, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The petitioners claimed that the lack of provision of basic health maternal commodities in Government Health Facilities and the negligent, unethical behavior of health workers toward expectant mothers in those facilities resulted in violations of the Constitution of the Republic of Uganda (the “Constitution”). Specifically, the petitioners claimed violations of the right to health and …Read more
Center for Health Human Rights and Development, et al. v. Nakaseke District Local Administration
Country: UgandaYear: 2012
Court: High Court at Kampala
Citation: Civil Suit No. 111 of 2012
Health Topics: Child and adolescent health, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
Nanteza Irene, the deceased, was taken to Nakaseke Hospital for obstetric care and management in order to deliver a child. The plaintiffs asserted that she died because she had an obstructed labor condition and did not receive appropriate medical care and attention. The assigned doctor on duty for the day that she went to the …Read more
Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government
Country: South AfricaYear: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more
Alyne da Silva Pimentel Teixeira v. Brazil
Country: BrazilYear: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 17/2008; UN Doc. CEDAW/C/49/D/17/2008
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to health, Right to life
The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more
Case 7026/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 7026/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice, Sexual and reproductive health
The petitioner’s childbirth resulted in a child with disability. The petitioner had diabetes, a history of intravenous drug use, hepatitis B and C, and an obstetric history that included two abortions and two previous eutocic (vaginal) deliveries. When in the 35th week of her pregnancy, the petitioner went into preterm labor. The next day the …Read more
Case STS 31-3-2010
Country: SpainYear: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right of access to information
The child of Mr. Florentino and Mrs. Mercedes, Jesus, was diagnosed with drug-resistant epilepsy after suffering reoccurring, frequent seizures since about two years of age, which persisted in spite of numerous drugs being tried to treat it in public hospitals. Finally, in 2003, when the child was about six years old, he had surgery in …Read more
Kozhokar v. Russia
Country: RussiaYear: 2010
Court: The European Court of Human Rights
Citation: Application no. 33099/08, ECHR 2010
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case is about the conditions of the applicant’s detention and the sufficiency of his medical care while he was detained in remand centre no. IZ-71/1 and correctional colony no. 7 in the Tula region of the Russian Federation. On 18 October 2006, the applicant, a Russian national, was arrested for drug trafficking. He was …Read more
Case 1-27/2009
Country: UkraineYear: 2009
Court: Turiyskiy District Court
Citation: Case No. 1-27/2009
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more
Case 2-88-09
Country: RussiaYear: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008. He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care. However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more