128 judgments found.

Oyal v. Turkey

Country: Turkey
Year: 2010
Court: European Court of Human Rights
Citation: App. No. 4864/05, Eur. Ct. H.R. (unpublished) (2010).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Poverty
Human Rights: Right to due process/fair trial, Right to life
Facts:

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Tags: AIDS, Blood transfusion, Children, Compensation, Damages, Diagnostics, Duty of care, Health care professionals, Health care workers, Health expenditures, Health facilities, Health spending, HIV, HIV positive, HIV status, Indigent, Low income, Minor, Most-at-risk, Negligence, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Poor, Remedies, Standard of care, Subsidies, Testing, Tort, Underprivileged
Download Judgment: English

Case 1-27/2009

Country: Ukraine
Year: 2009
Court: Turiyskiy District Court
Citation: Case No. 1-27/2009
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

On 27 August 2003, the defendant doctor, who had worked as an infectious disease physician at the Department of Infectious Diseases at the Kovel central regional hospital, examined her patient who was showing signs of  respiratory and cardiac failure. The defendant doctor left her patient in this critical health condition without taking the appropriate medical measures …Read more

Tags: Access to treatment, Child mortality, Children, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Heart disease, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Out-of-pocket expenditures, Pediatric health, Public hospitals, Pulmonary diseases, Respiratory diseases
Download Judgment: English

Case 2-88-09

Country: Russia
Year: 2009
Court: Moscow District Court
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

The applicant R.A. injured his right ankle joint when ice skating on January 4th, 2008.  He went to an emergency room at the defendant’s Medical Healthcare Institution ”G” (“MHI ‘G’”) in order to receive care.  However, a doctor there only examined his ankle with her hands, and diagnosed a ligament sprain in the right joint, …Read more

Tags: Access to health care, Access to treatment, Compensation, Damages, Diagnostics, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Health insurance, Inadequate treatment, Inappropriate treatment, Misdiagnosis, Negligence, Police, Public hospitals
Download Judgment: English Russian

Case 4866/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 4866/2009
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
Facts:

Appeals were filed by both parties to a decision in a case involving health damages sustained by a child as a result of a delay of the mother’s cesarean during childbirth. The child in the case suffered damages when, as a result of the lack of appropriate staff on-site, there was a delay in performing …Read more

Tags: Access to treatment, Caesarean, Childbirth, Children, Compensation, Damages, Duty of care, Emergency care, Health care professionals, Health care workers, Health facilities, Inadequate treatment, Infant health, Maternal health, Minor, Negligence, Pediatric health, Pregnancy, Remedies, Standard of care, Tort
Download Judgment: English Spanish

Case 6895/2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: STS 6895/2009
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to bodily integrity
Facts:

Plaintiff sued the Catalonian Institute of Health for alleged medical malpractice and lack of informed consent relating to an electrophysiological study that he underwent when he arrived at the hospital with severe arrhythmia and in an emergency condition. Plaintiff was a high-risk patient due to his past medical history, which included prior heart attacks and …Read more

Tags: Compensation, Damages, Disclosure, Emergency care, Health care professionals, Heart disease, Inappropriate treatment, Informed choice, Negligence, Patient choice, Remedies, Standard of care, Tort, Unauthorized treatment
Download Judgment: English Spanish

Šilih v. Slovenia

Country: Slovenia
Year: 2009
Court: The European Court of Human Rights
Citation: Application No. 71463/01
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicants were Slovenian nationals whose son of 20 years old died as a result of an allergic reaction to one of the medications. The medication was given by the duty doctor to treat the son’s urticaria. The applicants alleged medical negligence and filed a criminal complaint, which was dismissed for the lack of evidence. The …Read more

Tags: Clinics, Diagnostics, Duty of care, Emergency care, Examination, Health facilities, Inappropriate treatment, Negligence, Primary care, Remedies, Standard of care
Download Judgment: English French

Stuart v. Kirkland-Veenstra

Country: Australia
Year: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
Facts:

In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …Read more

Tags: Compulsory commitment, Duty of care, Involuntary commitment, Law enforcement, Mandatory commitment, Mental disorder, Mental illness, Negligence, Police, Psychiatry, Psychology, Suicide, Tort
Download Judgment: English

Vinicio Poblete Vilches v. Chile

Country: Chile
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
Facts:

The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more

Tags: Access to treatment, Degrading treatment, Duty of care, Inadequate treatment, Inappropriate treatment, Negligence, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Spanish

Yearworth v. North Bristol NHS Trust

Country: United Kingdom
Year: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Facts:

Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more

Tags: Assisted reproductive technology, Cancer, Compensation, Damages, Depression, Duty of care, Family planning, Fertility, Health facilities, In utero fertilization, In vitro fertilization, Infertility, Negligence, Public hospitals, Remedies, Standard of care, Tort
Download Judgment: English

Case 1160

Country: Bulgaria
Year: 2008
Court: Supreme Court of Cassation
Citation: SCC. Decision No. 1160, dated December 16th, 2008 of the Supreme Court of Cassation on civil case No. 3373/2007, 3d Civil Division, Civil College
Health Topics: Child and adolescent health, Health care and health services, Hospitals, Medical malpractice
Facts:

The appellants sued the defendant hospital for their son’s death; they alleged that their son died three months after his birth due to the hospital’s wrongful acts and omissions in the administration of his treatment. The Appellate Court found that medical malpractice had not been established; the child’s death was neither due to medical malpractice …Read more

Tags: Child mortality, Children, Diagnostics, Emergency care, Health facilities, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Minor, Negligence, Pediatric health, Tort
Download Judgment: English