Paxton v. Ramji
Country: CanadaYear: 2008
Court: Ontario Court of Appeal
Citation: 2008 ONCA 697, 92 OR (3d) 401
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
This appeal concerns whether a doctor owes a tort law duty of care to a future child subsequently born of the doctor’s patient. Dr. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Due to her husband’s failed vasectomy, …Read more
Botros v Beadle
Country: CanadaYear: 2007
Court: Ontario Superior Court of Justice – Divisional Court
Citation: [2007] OJ No 3156
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Medical malpractice
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Botros was a specialist in psychiatry and sleep medicine. Three patients complained to the College of Physicians and Surgeons of Ontario (“the CPSO”) that Botros improperly diagnosed and treated them and that his communications were rude and unprofessional. It was also alleged that Botros withheld information and patient data from the successor physician. The Inquiries, …Read more
L.L v. France
Country: FranceYear: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
In a proceeding for divorce, a confidential medical document (a correspondence between the applicant’s doctor and a specialist) indicating the applicant’s alcoholism was relied upon. The judge further quoted paragraphs from the document in his judgment and the divorce was granted on the grounds of fault committed by the applicant. The applicant’s request for legal …Read more
Panteleyenko v. Ukraine
Country: UkraineYear: 2007
Court: European Court of Human Rights
Citation: Application No. 11901/02
Health Topics: Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
In 1999 criminal charges were brought against the applicant for abuse of power and forgery of official documents. The applicant was a private notary and, according to the prosecutors’ allegations, had fraudulently certified title and real-estate transactions using invalid registration forms. As part of the investigation into these charges, the applicant’s office was searched, and …Read more
Case 2-A-216-1/06
Country: UkraineYear: 2006
Court: Pecherskyi District Court
Citation: No. 2-A-216-1/06
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
Plaintiff Svitlana Yuriyivna Poberezhets challenged the Order “On Approving the Form and Technical Description of a Medical Certificate and the Instructions for Filling In the Medical Certificate,” which required health care institutions to include information regarding a person’s initial and final medical diagnosis, and their associated medical codes, on a person’s medical certificate. The medical …Read more
Case 2006-139f
Country: BelgiumYear: 2006
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2006-139f, 14 September 2006
Health Topics: Health care and health services, Health information, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to property
Tags: Access to health care, Access to treatment, Budget, Diagnostics, Examination, Health care technology, Health facilities, Health records, Medical records, Non-disclosure, Private hospitals, Public hospitals
R (on the application of Axon) v. Secretary of State for Health and Anr.
Country: United KingdomYear: 2006
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2006] EWHC 37 (Admin)
Health Topics: Child and adolescent health, Health care and health services, Health information, Infectious diseases, Sexual and reproductive health
Human Rights: Freedom of expression, Right of access to information, Right to family life, Right to privacy
The Applicant, Sue Axon, alleged that the Family Planning Association violated the rights of parents under article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life). The Association provided confidential advice and treatment regarding contraception, sexually transmitted infections and abortion to persons under the age of sixteen …Read more
Royal Women’s Hospital v. Medical Practitioners Board of Victoria
Country: AustraliaYear: 2006
Court: Supreme Court of Victoria
Citation: (2006) 15 VR 22; [2006] VSCA 85
Health Topics: Disabilities, Health information, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right of access to information, Right to privacy
In January 2000, Mrs. X went to the Royal Women’s Hospital (“the Hospital”). She was 32 weeks pregnant, and, after a multiple ultrasounds, it was confirmed that her baby had skeletal dysplasia (“dwarfism”). In February, a fetal reduction procedure was done and the baby was born by stillbirth. After termination, the fetus was found to …Read more
Case 270234
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°270234, 26 September 2005
Health Topics: Health information
Human Rights: Right of access to information, Right to privacy
The petitioners brought this challenge to a decision of the French Minister of Health and Social Welfare and to a decree legislating the patient’s right to access his/her health information held by health professionals or facility and her/his right to use the help of a mandated third person to access such information. The petitioners requested the …Read more
Case 43/2005 (XI. 14)
Country: HungaryYear: 2005
Court: Constitutional Court
Health Topics: Aging, Health information, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to family life, Right to privacy
The case involved two petitions that required the Constitutional Court to examine certain elements that imposed regulations on sterilization. The first petitioner challenged the constitutionality of the Minister of Health Decree 12/1987 (VIII. 19.) EüM on Sterilization (hereinafter “D1”), which imposed certain restrictions (related to age and number of prior blood children) on a person …Read more