Looney v. Moore
Country: United StatesYear: 2015
Court: District Court for the Northern District of Alabama
Citation: No. 2:13-CV-00733-KOB, 2015 WL 4773747 (N.D. Ala. Aug. 13, 2015)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent, Medical malpractice
The infant Plaintiffs in this case were part of the Surfactant, Positive Pressure, and Oxygenation Randomized Trial (SUPPORT), a clinical research trial aimed at measuring the effects of oxygen saturation levels in premature infants with low birth weights, at the University of Alabama-Birmingham Hospital. For the trial, participants were randomly assigned into groups, and the …Read more
NN v. The Member of the Executive Council for Health
Country: South AfricaYear: 2015
Court: The High Court of South Africa (Eastern Cape Local Division: Mthatha)
Citation: Case No. 2571/13
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health, Right to life
The plaintiff filed a suit in her personal capacity and as a guardian of her minor child, Z alleging medical negligence. She alleged that the hospital failed to determine the need for a Caesarean Section and due to prolonged labour and foetal distress, Z suffered from cerebral damage at birth. The Defendant pleaded that under …Read more
Baby “A” (suing through her mother, E.A.), et al.v. Attorney General, et al.
Country: KenyaYear: 2014
Court: High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)
Citation: Petition No. 266 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to acquire nationality
Baby A, was born with both male and female genitalia. The respondent, Kenyatta National Hospital issued E.A (the mother of Baby A) documents used in the process of carrying out genitogram tests, x-rays and scans of the Baby A in which the column indicating the child’s sex was filled in with a question mark. Baby …Read more
Cojocaru v. British Columbia Women’s Hospital and Health Centre
Country: CanadaYear: 2013
Court: Supreme Court
Citation: 2013 SCC 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
The plaintiff, who had previously given birth via caesarean section, was due to give birth a second time. Her obstetrician recommended a vaginal birth. During labor, Cojocaru’s uterus ruptured, which restricted oxygen supply to the baby. The scar from the previous caesarean contributed to the rupture, and an emergency caesarean section was performed. The baby …Read more
Ediger v. Johnston
Country: CanadaYear: 2013
Court: Supreme Court of Canada
Citation: 2013 SCC 18
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
The plaintiff, Cassidy Ediger (C) suffered from persistent bradycardia (slow heartrate) during birth resulting in severe brain damage. During the delivery procedure, the doctor attempted a mid-level forceps procedure as C’s mother’s labour was not progressing. Dr. Johnston did not inform C’s mother of the risks involved in the procedure including bradycardia and hence did …Read more
In the matter of Medical and Dental Practitioners Council and In the matter of the Uganda Medical and Dental Practitioners Council in the Alleged Professional Misconduct by Dr. Asinja Kapuru into the Alleged Loss of a Baby at Mulago National Referral Hospital
Country: UgandaYear: 2013
Court: Medical and Dental Practitioners Council, Uganda
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life
Mr. Bukenya’s wife went into labour and was admitted into the Mulago Hospital. She was operated upon by Dr. Kapuru and delivered a child by Caesarean section. The baby was not brought to her when she asked to see the baby. Mr. Bukenya was informed that his wife had delivered a male child and asked …Read more
Inglis v. British Columbia (Minister of Public Safety)
Country: CanadaYear: 2013
Court: British Columbia Supreme Court
Citation: 2013 BCSC 2309
Health Topics: Child and adolescent health, Poverty, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to liberty and security of person
The plaintiffs brought a case before the British Columbia Supreme Court following the 2006-2007 decision by the Ministry of Public Safety to cancel the Mother Baby Program at the Alouette Correctional Centre for Women, a women’s prison. This program had allowed incarcerated mothers and their babies to live at the institution together, subject to the …Read more
Mellet v. Ireland
Country: IrelandYear: 2013
Court: Human Rights Committee
Citation: CCPR/C/116/D/2324/2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Health systems and financing, Hospitals, Mental health, 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 bodily integrity, Right to health, Right to privacy
The author of the communication stated that she became pregnant in 2011 and in her 21st week, she was informed that the foetus had congenital heart defects. She was further informed that the impairment might prove to be fatal. However the hospital told her that abortion was not possible in the current jurisdiction (Ireland) and …Read more
Zorica Jovanovic v. Serbia
Country: SerbiaYear: 2013
Court: European Court of Human Rights
Citation: Application No. 21794/08; [2013] EHCR 21794/08.
Health Topics: Child and adolescent health, Health information, Hospitals
Human Rights: Right of access to information, Right to family life
This case is about the Serbian government’s response to the “missing babies” of the 1970s, 1980s, and 1990s. In 1983, Zorica Jovanovic gave birth to a healthy baby boy in a state-run hospital. Three days later, while still in the hospital, she was informed that he had died. She never saw him again. When she …Read more
Case of Y.Y v. Russia
Country: RussiaYear: 2012
Court: The European Court of Human Rights
Citation: Applications nos. 40378/06
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
The applicant gave premature birth to twins. One of the twins died nine hours after her birth. The second twin survived after being transferred to an intensive care unit. The applicant stated that the first child would have survived too if had been promptly transferred to the Intensive Care Unit. She sent letters to the …Read more