H. v. France
Country: FranceYear: 1989
Court: European Court of Human Rights
Citation: Application No. 10073/82; (1989) 12 EHRR 74
Health Topics: Disabilities, Health information, Hospitals, Informed consent, Medical malpractice, Mental health
Human Rights: Right to bodily integrity, Right to due process/fair trial
The applicant, a French citizen, struggled with depression, schizophrenia and, at some points, symptoms of catatonia. In May of 1961, the applicant, who was a primary school supply teacher, voluntarily reported to the neurological clinic at Strasbourg Hospital for observation. He expected to be in the hospital for two weeks. In June of 1961, …Read more
Pt. Parmandand Katara v. Union of India and Ors
Country: IndiaYear: 1989
Court: Supreme Court
Citation: 1989 AIR 2039; 1989 SCR (3) 997; 1989 SCC (4) 286; JT 1989 (3) 496; 1989 SCALE (2) 380
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
After being knocked down in a motor accident with a speeding car, a scooter driver was taken to the nearest hospital by a good Samaritan. The nearest hospital refused to treat the victim. It directed him to another hospital twenty kilometres away which was apparently better suited to provide treatment in medico-legal cases. The victim …Read more
Motiki v. The State
Country: BotswanaYear: 1986
Court: Court of Appeal
Citation: Criminal Appeal 51 of 1986; [1986] BWCA 22
Health Topics: Medical malpractice
The Appellant provided a woman with traditional medical treatment. This treatment involved the Appellant placing his hands on the woman’s abdomen and applying pressure. The Appellant applied enough pressure during the treatment to rupture the woman’s spleen, causing a hemorrhage that resulted in her death. The Appellant, who had practiced traditional medicine for 15 years …Read more
Thornburgh v. American College of Obstetricians and Gynecologists
Country: United StatesYear: 1986
Court: Supreme Court
Citation: 476 U.S. 747 (1986)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Respondents, including Pennsylvania physicians, abortion counselors and providers, brought this challenge to provisions of Pennsylvania’s Abortion Control Act 1982 (the Act). The Act imposed the following conditions on the provision of abortion services in Pennsylvania: 1. The informed consent provision (§ 3205) required women to be informed of: The name of the physician performing the …Read more
Colautti v. Franklin
Country: United StatesYear: 1979
Court: Supreme Court
Citation: 439 U.S. 379 (1979)
Health Topics: Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to privacy
The Respondents, a licensed obstetrician and several non-profit organizations, brought suit claiming that § 5(a) of the Pennsylvania Abortion Control Act of 1974 (the Act) was unconstitutionally vague. Section 5(a) of the Act required every person who performed or induced an abortion to have made a determination, based on “experience, judgment or professional competence,” that …Read more
Tunkl v. Regents of the University of California
Country: United StatesYear: 1963
Court: Supreme Court of California, In Bank
Citation: Tunkl v. Regents of the University of California 383 P.2d 441 (Cal. 1963)
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Hugo Tunkl filed suit to recover damages for personal injuries alleged to have resulted from the negligence of two physicians at the University of California Los Angeles Medical Center, a non profit charitable institution. Tunkl died after suit was brought, and his wife was substituted as plaintiff. Tunkl was admitted to the UCLA Medical Center …Read more
Ricks v. Budge
Country: United StatesYear: 1937
Court: Supreme Court of Utah
Citation: Ricks v. Budge 64 P.2d 208 (Utah 1937)
Health Topics: Health care and health services, Medical malpractice, Poverty
Human Rights: Right to health
Plaintiff brought action for malpractice against defendant physicians at the “Budge Clinic,” for (1) negligently treating him and discharging him and (2) refusing to treat and abandoning him when he was in immediate need of medical treatment. On March 11, 1935 plaintiff went to Budge Memorial Hospital to seek treatment for an infected hand. Defendant …Read more
Lindsey County Council v. Marshall
Country: United KingdomYear: 1936
Court: House of Lords
Citation: [1936] 2 ALL ER 1076; (1935) 1 KB 516
Health Topics: Infectious diseases, Medical malpractice, Sexual and reproductive health
Ms. Marshall brought an action against the Lindsey County Council (the Council) for damages arising out of a breach of duty of care. She contended that the Council-operated Cleethorpes Maternity Home and its staff were negligent in failing to prevent the transmission of puerperal fever, in allowing her to be admitted to a shared ward …Read more