PBU v Mental Health Tribunal
Country: AustraliaYear: 2018
Court: Supreme Court of Victoria
Citation: [2018] VSC 564
Both the plaintiffs were diagnosed with schizophrenia and were ordered to undergo compulsory electroconvulsive treatment (ECT). The case arose from the plaintiffs’ appeal of the Victorian Civil and Administrative Tribunal’s (VCAT) order that they are administered ECT. VCAT made this decision pursuant to its findings that both individual plaintiffs lacked the capacity to give informed …Read more
Meadows v. Khan
Country: United KingdomYear: 2017
Court: High Court of Justice Queen’s Bench Division
Citation: [2017] EWHC 2990 (QB)
The claimant, Ms. Meadows, brought this case before the High Court of Justice to recover additional costs for raising her son, who suffered from Hemophilia and autism. Prior to her pregnancy, the claimant, after seeing her nephew diagnosed with hemophilia, had taken blood tests to determine whether she was a carrier and was informed by …Read more
Federation of Catholic Families in Europe v. Sweden
Country: SwedenYear: 2015
Court: European Committee of Social Rights
Citation: Complaint No. 99/2013
The complainant, Federation of Catholic Families in Europe (FAFCE), had alleged violation of Article 11 of the European Social Charter(hereinafter Charter) on the ground that the government of Sweden (hereinafter respondent) had failed to enact legislation or insufficient/poorly implement legislation governing the practice of conscientious objection by health care providers, which had led to discrimination …Read more
Pajón, Oscar Antonio et al. v. Construir Salud et al.
Country: ArgentinaYear: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 293. XLVIII.
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to due process/fair trial, Right to health, Right to life, Right to social security
The plaintiff, the mother of her underage daughter, filed a suit with First Instance Civil and Commercial Court of La Matanza [Juzgado de Primera Instancia en lo Civil y Comercial N°1 del Departamento Judicial de la Matanza] to obtain liquidate damages against the physician and hospital who treated her daughter and the health insurance company …Read more
Vladimir Vasilyev v. Russia
Country: RussiaYear: 2012
Court: European Court of Human Rights
Citation: Application no. 28370/05
Health Topics: Diet and nutrition, Disabilities, Health care and health services, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
The applicant Mr Vladimir Aleksandrovich Vasilyev, a Russian national was born in1953. In 1996 he was arrested for attempted rape and several counts of murder. Later in December, 1997 he was convicted of rape and murder and was sentenced to death by the Supreme Court of the Komi Republic. In 1999 the President of Russia …Read more
Dupuy, Daniel Oscar et al. v. Sanatorio Modelo Quilmes et al.
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: D. 640. XLIV.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to housing, Right to life, Right to social security
The plaintiff, in representation of his daughter Yanet Marien Dupuy, brought the case to the National First Instance Civil Court [Juzgado Nacional de Primera Instancia en lo Civil n° 52] against the Modelo Quilmes Hospital [Sanatorio Modelo Quilmes] and the Social Help Office for the National Congress Personal [Dirección de Ayuda Social para el Personal del …Read more
COLAK AND TSAKIRIDIS v. GERMANY
Country: GermanyYear: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …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
Schauman de Scaiola, Martha Susana v. Provincia de Santa Cruz et al.
Country: ArgentinaYear: 1999
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S. 360. XXV.
Health Topics: Disabilities, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more
Brescia, Noemí Luján v. Ministerio de Salud de Buenos Aires et al.
Country: ArgentinaYear: 1994
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 100. XXI.
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
The plaintiff filed a suit with the Supreme Court of Justice on behalf of her father against Manuel Osvaldo Montiel(the driver of a truck), Enrique Daniel Suares (head of the medical team), the company “Dial Electromecánica”, Américo Delgado Vargas (a medical practitioner), Osvaldo Alberto Perreta (an orthopedist), and the Province of Buenos Aires to obtain liquidated …Read more