Case 52/2011
Country: UruguayYear: 2011
Court: Civil Appeals Court, 1st District [Tribunal Apelaciones Civil 1ºTº]
Citation: Docket No. 52/2011
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to health, Right to social security
The appellant, joined by his spouse and children, filed suit against defendant Catholic Workers Circle of Uruguay, an affiliated collective medical assistance institution, to recover for loss of earning capacity and moral damages. The appellant’s doctor (co-defendant) at Catholic Workers Circle had diagnosed the appellant with a benign brain tumor and prescribed radiation therapy in …Read more
Case 822 K/Pid.Sus/2010
Country: IndonesiaYear: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more
Hoffmann v. Member of Executive Council, Easter Cape
Country: South AfricaYear: 2011
Court: High Court of South Africa, Eastern Cape
Citation: Case no: 1037/2007
Health Topics: Child and adolescent health, Sexual and reproductive health
Human Rights: Right to health
The plaintiff alleged medical negligence on behalf of the Dora Nginza Hospital (hereinafter referred to as “the hospital”. The plaintiff states that she was referred to the hospital as her blood sugar and blood pressure was high during pregnancy. She had also informed the hospital that she had had previous C-Section deliveries. She was also …Read more
Case 3364/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 3364/2010
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Plaintiff went to the hospital to obtain an amniocentesis, which reported a karyotype of 46, XY normal. Upon plaintiff’s son’s birth, 6 months later, doctors suspected the child suffered from Down syndrome. Testing of the child’s blood revealed a karyotype of 47 XY +21. Rechecking the original amniotic fluid also found an abnormality. The error …Read more
Case 508
Country: BulgariaYear: 2010
Court: Supreme Court of Cassation
Citation: SCC Decision № 508, dated June 18th, 2010, on civil case № 1411/2009, 3d Civil Division, Civil College
Health Topics: Medical malpractice
The plaintiff had undergone surgery on April 13, 1999. On November 26, 2001, during preoperative procedures for a subsequent surgery, the doctors diagnosed her, preoperatively, with hydronephrosis, or water in the kidney, which is usually caused by an obstruction of free flow of urine from the kidney. During her procedure, the doctors identified silk catguts, …Read more
Case 5551/2010
Country: SpainYear: 2010
Court: Supreme Court
Citation: STS 5551/2010
Health Topics: Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
The appellant, a welder and a machine technician, went to the health care facility of Mutua Asepeyo for lumbosciatic pain caused by lifting a machine that day. He was treated with medication and rest, but did not improve. He was then diagnosed with degenerative disc disease and disc herniation, which was confirmed elsewhere. He consented …Read more
Case STS 31-3-2010
Country: SpainYear: 2010
Court: Supreme Court
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Medicines
Human Rights: Right of access to information
The child of Mr. Florentino and Mrs. Mercedes, Jesus, was diagnosed with drug-resistant epilepsy after suffering reoccurring, frequent seizures since about two years of age, which persisted in spite of numerous drugs being tried to treat it in public hospitals. Finally, in 2003, when the child was about six years old, he had surgery in …Read more
Claimants v Fonterra Brands (China) Limited
Country: ChinaYear: 2010
Court: The Small Claims Tribunal, Hong Kong Special Administrative Region
Citation: SCTC15980/10; SCTC15981/10; SCTC15982/10; SCTC15983/10
Health Topics: Child and adolescent health, Diet and nutrition
Human Rights: Right of access to information, Right to bodily integrity, Right to food
The claimants, residents of Mainland China, were parents and their children who suffered physical injuries from consuming contaminated dairy products. The claimants sought monetary compensation from the defendant, from whom they had purchased the contaminated products. The defendant is a 43% material shareholder of Sanlu Group, the manufacturer and distributor of the products. The claimants …Read more
Hin Lin Yee and Another v. Hksar
Country: ChinaYear: 2010
Court: Court of Final Appeal of the Hong Kong Special Administrative Region
Citation: FACC No. 7 of 2009
Health Topics: Medical malpractice, Medicines
The First Appellant was a medical practitioner who, on four separate occasions, prescribed medicine that was unfit for human use as it had been contaminated with isopropyl alcohol. The Second Appellant (the First Appellant’s assistant) had, on one of those occasions, finalized the prescription of the medicine and transferred it to the patient for payment. …Read more
Maternity Clinic Nursing Home at Pipulpati Chinsurah v. Saikat Shom
Country: IndiaYear: 2010
Court: National Consumer Disputes Redressal Commission
Citation: Disputes Redressal Commission (NCDRC), REVISION PETITION NO. 204 OF 2006.
Health Topics: Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial
Mahua Shom went to a nursing home’s maternity clinic to deliver her child. She was admitted at 8:30 am on August 25, 1997 to a clinic belonging to the wife of Dr. S.B. Mondal, a gynecologist. Despite her emergency condition, she was not seen by physicians until 4:00 pm, when a treating doctor completed delivery …Read more