97 judgments found.

Breen v. Williams

Country: Australia
Year: 1996
Court: High Court
Citation: (1996) 186 CLR 71; (1996) 43 ALD 481; (1996) 138 ALR 259; (1996) 70 ALJR 772; [1996] 13 Leg Rep 11; [1996] HCA 57
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity, Right to property
Facts:

In 1977, Julie Breen had a bilateral augmentation mammoplasty which involved the insertion of a silicone implant in each of her breasts. She later developed a complication in the way of bilateral breast capsules. In 1978, she sought the opinion of Dr. Cholmondeley Williams, who had not performed the original procedure. Dr. Williams advised Breen …Read more

Tags: Confidentiality, Disclosure, Drug safety, Duty of care, Health information, Health records, Informed choice, Medical records, Patient choice, Standard of care, Tort
Download Judgment: English

Jaffee v. Redmond

Country: United States
Year: 1996
Court: Supreme Court
Citation: 518 U.S. 1 (1996)
Health Topics: Health information, Mental health
Human Rights: Right to privacy
Facts:

Respondent, Redmond, received counseling from a licensed clinical social worker after a “traumatic incident” in which she shot and killed a man while on duty as a police officer. Petitioner, Allen, the administrator of the estate of the deceased, filed an action in the Federal District Court seeking damages and alleging that Respondent had violated …Read more

Tags: Confidentiality, Disclosure, Health data, Health information, Medical records, Mental disability, Mental disorder, Mental illness, Non-disclosure, Psychiatry, Psychology, Secrecy
Download Judgment: English

Yin v. State of California

Country: United States
Year: 1996
Court: 9th Circuit Court of Appeal
Citation: 95 F.3d 864 (1996)
Health Topics: Disabilities, Health information, Informed consent
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
Facts:

Plaintiff, Yin, brought an action against her employer, the State of California Employment Department, to prohibit them from requiring her to release her medical records, submit to an examination, and be subject to discipline for refusing to do so. Yin had a “prolonged and egregious history of absenteeism and a record of on-the-job illnesses.” She …Read more

Tags: Compulsory testing, Confidentiality, Disclosure, Employment, Health data, Health information, Involuntary testing, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, Secrecy
Download Judgment: English

Anderson v. Romero

Country: United States
Year: 1995
Court: 7th Circuit Court of Appeal
Citation: 72 F.3d 518 (1995)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

The Appellee, Anderson, brought this challenge against two prison officials at the cell house in which he was placed. Anderson alleged that a superintendent and a guard violated his constitutional right to privacy and the Illinois AIDS Confidentiality Act by revealing that he was infected with the AIDS virus to an inmate sleeping in Anderson’s …Read more

Tags: AIDS, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, Imprisonment, Incarceration, Inmate, Jail, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

Doe v. SEPTA

Country: United States
Year: 1995
Court: 3rd Circuit Court of Appeal
Citation: 72 F.3d 1133 (1995)
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
Facts:

The Appellant, Doe, was an HIV-positive employee of Respondent SEPTA. Doe brought this constitutional challenge after SEPTA reviewed his prescription drug records for the purpose of monitoring its employee prescription plan. Doe claimed that SEPTA infringed his right to privacy implicit in the right to due process in the Fourteenth Amendment to the Constitution. Doe …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Health information, HIV, HIV positive, HIV status, Medical records, People living with HIV/AIDS, PLHIV, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Mónaco de Gallicchio v. Argentina

Country: Argentina
Year: 1995
Court: Human Rights Committee
Citation: Mónaco de Gallicchio v. Arg., U.N. H.R. Comm., U.N. Doc. CCPR/C/53/D/400/1990 (Apr. 27, 1995).
Health Topics: Child and adolescent health, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to family life, Right to privacy
Facts:

Grandmother of a child orphaned at the hands of the military government of Argentina who was then falsely adopted filed claims against the government citing ICCPR Articles 7 (freedom from torture, including psychological), 23 (family) and 24 (child protections) rights violations. Ximena Vicario’s parents disappeared when she was 9 months old and she was cared …Read more

Tags: Child development, Forced disappearance, Health records, Medical records, Psychology, Torture
Download Judgment: English Spanish

Doe v. City of New York

Country: United States
Year: 1994
Court: 2nd Circuit Court of Appeal
Citation: 15 F.3d 264 (1994)
Health Topics: Health information, HIV/AIDS, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellant, Doe, brought this suit against the City of New York  (the City) and the City of New York Commission on Human Rights (the Commission) alleging that they breached his constitutional right to privacy. Doe filed an action with the Commission against his former employer, Delta Air Lines (Delta), alleging that Delta did not …Read more

Tags: AIDS, Confidentiality, Disclosure, Employment, Gay, Health information, HIV, HIV positive, HIV status, Homosexual, LGBTI, Medical records, Non-disclosure, People living with HIV/AIDS, PLHIV, Secrecy, Sexual orientation, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Doe v. Wigginton

Country: United States
Year: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Antiretrovirals, ARVs, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Examination, First-line treatment, Health data, Health information, Heart disease, Imprisonment, Inmate, Jail, Medical records, Non-disclosure, Noncommunicable diseases, Pharmaceuticals, Second-line treatment, Secondary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Tertiary care, Torture
Download Judgment: English

Schuler-Zgraggen v. Switzerland

Country: Switzerland
Year: 1993
Court: European Court of Human Rights
Citation: Application No. 14518/89, (1993) 16 EHRR 405
Health Topics: Disabilities, Health information, Health systems and financing, Infectious diseases
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to social security
Facts:

Schuler (S), who had contributed to the state invalidity insurance from her wages when working, contracted tuberculosis and was granted an invalidity pension when it was determined that she was unfit for work. She gave birth to a son in 1984 and, after being required to undergo a medical examination, her pension was cancelled with …Read more

Tags: Disclosure, Freedom of information, Health insurance, Health records, Medical records, Non-disclosure, Social security, Subsidies, TB, Tuberculosis
Download Judgment: English French

McInerney v. MacDonald

Country: Canada
Year: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 138
Health Topics: Health care and health services, Health information, Hospitals
Human Rights: Right of access to information
Facts:

The respondent, patient, had requested copies of her complete medical records from her physician, the appellant. The patient’s physician provided copies of all the records that she had prepared to the patient. However, she refused to provide copies of the medical reports and records, which she had received from other physicians who had treated the …Read more

Tags: Access to health care, Clinics, Confidentiality, Disclosure, Freedom of information, Health data, Health facilities, Health information, Health records, Medical records, Non-disclosure, Secrecy
Download Judgment: English