Case 4866/2009
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more
Case 723/2009
Country: SpainYear: 2009
Court: Supreme Court of Justice of Cataluña
Citation: STSJC 723/2009 (Ángel and Others v. Servei Català de la Salut and Consorci Sanitari Integral)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more
Case STS 25-6-2009
Country: SpainYear: 2009
Court: Supreme Court
Citation: No. 3404/2008
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent
Human Rights: Freedom of religion, Right to health
Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more
National Centre of Tuberculosis and Lung Diseases, et al. v. M. O-shvili
Country: GeorgiaYear: 2009
Court: Supreme Court
Citation: Case No. as-771-986-08
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Medical malpractice
Human Rights: Right of access to information
The Plaintiff had a number of medical procedures related to urological problems and tuberculosis over the course of several years at Tbilisi State Medical University Clinic. The Plaintiff alleged that the medical institution had been obligated to provide him with information about the diagnosis and necessary anti-tuberculosis treatment, and its failure to do so had …Read more
Richard Conrad Solorzano Contreras v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 103/09, Petition 581-03, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial, Right to health
Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more
Vinicio Poblete Vilches v. Chile
Country: ChileYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more
Wong v. Commonwealth
Country: AustraliaYear: 2009
Court: High Court
Citation: (2009) 236 CLR 573; [2009] HCA 3
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to favorable working conditions, Right to health, Right to social security, Right to work
Wong and Selim were “vocationally registered general practitioner(s)” within s 3F of the Health Insurance Act 1973 (Cth) (the Act). Both were found to have engaged in “inappropriate practice” by a Professional Services Review Committee (the Committee) established under Pt VAA (ss 80-106ZR) of the Act. The effect of the Committee’s findings was to require …Read more
Case 1160
Country: BulgariaYear: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more
Case 211
Country: BulgariaYear: 2008
Court: Върховен касационен съд (Vǎrhoven kasatsionen sǎd) [Supreme Court of Cassation]
Citation: Decision No. 211 on Case No. 6087/2007
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health
The Plaintiff, T.D.Z., complained that the Bulgarian Ministry of Health failed to carry out the necessary procurement procedure for Zoladex, a cancer medication, for the period of 1 January 2004 to 1 March 2005. During this period, the plaintiff, a high-risk cancer patient, was essentially deprived of a key part of her treatment. As a …Read more
Dodov v. Bulgaria
Country: BulgariaYear: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more