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 52/2011
Country: UruguayYear: 2011
Court: Civil Appeals Court, 1st District [Tribunal Apelaciones Civil 1ºTº]
Citation: Docket No. 52/2011
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health, Right to social security
The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more
Case 822 K/Pid.Sus/2010
Country: IndonesiaYear: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more
V.C. v. Slovakia
Country: SlovakiaYear: 2011
Court: European Court of Human Rights
Citation: App. No. 18968/07, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life, Right to privacy
The applicant, a woman of Roma origin, was sterilized at the hospital during the delivery of her second child. Prior to the Cesarean section, the medical personnel allegedly asked the applicant whether she wanted any more children. When she expressed that she did, the medical personnel allegedly told the applicant that if she got pregnant …Read more
Case 5299/2010
Country: SpainYear: 2010
Court: Supreme Court of Justice of Castilla-Leon
Citation: STSJCL 5299/2010
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, Right to bodily integrity
The appellant gave birth in the Hospital Universitario of Salamanca to a child born with shoulder dystocia. She brought an administrative claim against the relevant insurance company, requesting compensation in the amount of 140,036.65 Euros. She based her claim on the facts that (a) her baby’s medical history was not completed but only included gynecologist …Read more
Case 5551/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 5551/2010
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …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
Hin Lin Yee and Another v. Hksar
Country: ChinaYear: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more
Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom
Country: IndiaYear: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …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