60 judgments found.

Pediatric Clinic of Los Lagos v. Brazil

Country: Brazil
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 70/08, Petition 12.242, October 16, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Child and adolescent health, Hospitals, Infectious diseases, Medical malpractice, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to due process/fair trial, Right to life
Facts:

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

Tags: Childbirth, Children, Cleanliness, Clinics, Compensation, Damages, Duty of care, Inadequate treatment, Inappropriate treatment, Indigent, Infant health, Infant mortality, Low income, Minor, Negligence, Pediatric health, Poor, Pregnancy, Private hospitals, Remedies, Standard of care, Underprivileged
Download Judgment: English Portuguese Spanish

Botros v Beadle

Country: Canada
Year: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more

Tags: Clinics, Confidentiality, Diagnostics, Disclosure, Freedom of information, Health care professionals, Health care workers, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-disclosure, Public hospitals, Secrecy, Testing
Download Judgment: English

Byrzykowski v. Poland

Country: Poland
Year: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more

Tags: Caesarean, Childbirth, Compensation, Damages, Duty of care, Emergency care, Health regulation, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy, Primary care, Remedies, Standard of care, Tort
Download Judgment: English Polish

Case 572 (T.D.Z. Case)

Country: Bulgaria
Year: 2006
Court: Sofia City Court
Citation: Sofia CC 2006 - Decision No. 572. 1st instance of T.D.Z. Case
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines, Mental health, Sexual and reproductive health
Human Rights: Right to health
Facts:

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

Tags: Access to drugs, Access to medicines, Budget, Cancer, Compensation, Cruel treatment, Damages, Depression, Employment, Essential medicines, Health funding, Health regulation, Health spending, Inadequate treatment, Inhuman treatment, Non-pecuniary damage, Out-of-pocket expenditures, Pharmaceuticals, Reimbursement, Social security
Download Judgment: English

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

Tags: Damages, Duty of care, Emergency care, Inadequate treatment, Negligence, Standard of care, Tort
Download Judgment: English

N.V. v. LLC “… Hospital”

Country: Georgia
Year: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Tags: Aged persons, Compensation, Damages, Disabled, Duty of care, Handicapped, Inadequate treatment, Negligence, Older persons, Physically challenged, Public hospitals, Remedies, Standard of care
Download Judgment: English Georgian

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
Download Judgment: English Chinese

Maria Mamerita Mestanza Chavez v. Peru

Country: Peru
Year: 2003
Court: Inter-American Commission on Human Rights
Citation: Report No. 66/00, Case 12.191, October 3, 2000; OEA/Ser./L/V/II.111, doc. 20 rev., 16 April 2001
Health Topics: Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

A group of NGOs lodged a petition with the Commission alleging that Peru violated Maria Mamérita Mestanza Chávez’s rights on account of a forced sterilization that resulted in her death. Peru implemented a family planning policy involving compulsory and systematic sterilization in order to modify the reproductive behavior of the population. Poor, indigenous, and rural …Read more

Tags: Childbirth, Compulsory sterilization, Compulsory treatment, Forced sterilization, Forced treatment, Inadequate treatment, Indigenous groups, Indigent, Infertility, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Mandatory treatment, Maternal health, Maternal mortality, Negligence, Non-consensual testing and treatment, Poor, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English Spanish

Rees v. Darlington Memorial NHS Trust

Country: United Kingdom
Year: 2003
Court: House of Lords
Citation: [2003] UKHL 52
Health Topics: Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life
Facts:

After conceiving as a result of a failed sterilization surgery, Karina Rees filed a claim of negligence against the Darlington Memorial NHS Trust (the Trust) to recover the costs of rearing her child. Mrs. Rees suffered from a genetic condition that had left her almost completely blind. She believed that her disability meant that raising …Read more

Tags: Disabled, Duty of care, Family planning, Handicapped, Inadequate treatment, Inappropriate treatment, Negligence, Physically challenged, Sterilization, Tort
Download Judgment: English