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
Case 6895/2009
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 6895/2009
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more
Case of K.H and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: The European Court of Human Rights
Citation: Application no. 32881/04
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
The applicants are Slovakian females. After their treatment in two Eastern Slovakian hospitals for their pregnancies and deliveries, they could not conceive after multiple attempts. They suspected that a sterilisation procedure must have been conducted during their caesarean delivery. The lawyers of the plaintiffs attempted to get their medical records from the hospitals but were …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
K.H. and Others v. Slovakia
Country: SlovakiaYear: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more
Peter Paul Patrick Lucas, et al. v. Dr. Prospero Ma. C. Tuaño
Country: PhilippinesYear: 2009
Court: Supreme Court of Philippines
Citation: [2009] PHSC 420
Health Topics: Health care and health services, Medical malpractice
Human Rights: Right to health
The petitioner, Peter Lucas first consulted the respondent, Dr. Tuano who was an ophthalmologist, for treatment of soreness and redness in his right eye. The respondent, after a series of examinations found that Peter was suffering from conjunctivitis and prescribed Spersacet-C eye-drops. However, after a few days Peter’s eye condition worsened and he approached the …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
Šilih v. Slovenia
Country: SloveniaYear: 2009
Court: The European Court of Human Rights
Citation: Application No. 71463/01
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Applicants were Slovenian nationals whose son of 20 years old died as a result of an allergic reaction to one of the medications. The medication was given by the duty doctor to treat the son’s urticaria. The applicants alleged medical negligence and filed a criminal complaint, which was dismissed for the lack of evidence. The …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