38 judgments found.

JH v. Alberta (Minister of Justice and Solicitor General)

Country: Canada
Year: 2020
Court: Court of Appeal of Alberta
Citation: 2020 ABCA 317
Health Topics: Health information, Informed consent, Mental health
Human Rights: Freedom of movement and residence, Right of access to information, Right to due process/fair trial, Right to liberty and security of person
Facts:

The respondent JH, a member of a First Nation in British Columbia, was admitted to the Foothills Medical Centre, run by the respondent, Alberta Health Services, on September 5, 2014 for the treatment of sepsis in his knee. Following surgery and a 20-day hospital stay, JH sought discharge. Instead, JH was admitted as a formal …Read more

Tags: Disclosure, Forced treatment, Health records, Incapacity, Incompetence, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Psychiatry, Psychology, Threat of violence
Download Judgment: English

Laddy Curtis Valentine, et al., v Bryan Collier, et al.

Country: United States
Year: 2020
Court: United States District Court, S.D. Texas, Houston Division
Citation: 455 F.Supp.3d 308 (2020)
Health Topics: Aging, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Facts:

Plaintiffs Laddy Curtis Valentine (“Valentine”) and Richard Elvin King (“King”) were inmates at Wallace Pack Unit (“Pack Unit”), a geriatric state prison run by the Texas Department of Criminal Justice (“TDCJ”) in Grimes County, Texas. On March 30, 2020, plaintiffs filed a complaint, alleging that the defendants, TDCJ Executive Director Bryan Collier (“Collier”), Pack Unit …Read more

Tags: Aged persons, Awareness, Cruel and unusual punishment, Detention, Elderly, Health education, Imprisonment, Incarceration, Inmate, Notification, Prison conditions, Respiratory diseases, Testing
Download Judgment: English

Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.

Country: United States
Year: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Facts:

Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health facilities, Health records, Medical records, Notification
Download Judgment: English

Adam, et al. v. Ledesma-Cadhit, et al.

Country: Canada
Year: 2014
Court: Ontario Superior Court of Justice
Citation: 2014 ONSC 5726
Health Topics: Child and adolescent health, Health information, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right of access to information, Right to bodily integrity
Facts:

This judgment deals with motions by the federal and provincial Crowns to strike out the plaintiffs’ claims on the ground that the claims disclosed no reasonable cause of action against the federal or provincial government. The plaintiffs’ 5-year-old daughter, died five days after she received the H1N1 influenza virus vaccine. The daughter was in good …Read more

Tags: Advertising, Awareness, Child mortality, Children, Drug safety, Duty of care, Health promotion, Immunization, Influenza, Minor, Negligence, Notification, Pediatric health, Tort, Vaccination, Vaccines
Download Judgment: English

Konovalova v. Russia

Country: Russia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 37873/04, § 1, ECHR 2014
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to privacy
Facts:

Ms. Konovalova, a Russian citizen, experienced contractions due to her pregnancy and was taken to S. M. Kirov Military Medical Academy Hospital. After she was admitted to the gynecology ward, she was given a booklet issued by the hospital that contained a notice stating, “We ask you to respect the fact that medical treatment in …Read more

Tags: Childbirth, Confidentiality, Cruel treatment, Degrading treatment, Disclosure, Health care professionals, Health facilities, Health records, Humiliating treatment, Inappropriate treatment, Informed choice, Maternal health, Medical records, Non-pecuniary damage, Notification, Patient choice, Pregnancy, Public hospitals
Download Judgment: English

L.H. v. Latvia

Country: Latvia
Year: 2014
Court: European Court of Human Rights
Citation: Application No. 52019/07
Health Topics: Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to privacy
Facts:

The applicant gave birth by Caesarean section in the Cesis District Central Hospital (Cesis Hospital) in 1997. The surgeon conducting the Caesarean section performed a tubal ligation (surgical contraception) without the applicant’s consent. The applicant commenced civil proceedings against the hospital to recover damages for the unauthorized procedure. Ultimately, in December 2006, the applicant’s claim …Read more

Tags: Caesarian, Childbirth, Compulsory sterilization, Confidentiality, Disclosure, Forced sterilization, Health records, Inappropriate treatment, Informed choice, Involuntary sterilization, Involuntary treatment, Mandatory sterilization, Medical records, Non-consensual testing and treatment, Non-disclosure, Notification, Patient choice, Public hospitals, Sterilization, Unauthorized treatment
Download Judgment: English

H v. Finland

Country: Finland
Year: 2012
Court: European Court of Human Rights
Citation: Application No. 37359/09
Health Topics: Health information, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to family life, Right to privacy
Facts:

The applicant, H., was born male, married a woman, and had a child. She was diagnosed as transgender during the course of the marriage, whereupon she changed her first names and renewed her passport and driver’s license. However, her request to have her identity number changed was refused based on sections 1 and 2 of …Read more

Tags: Civil union, Confidentiality, Disclosure, Domestic partnership, Gender identity, Gender reassignment, Non-disclosure, Notification, Spousal consent, Transgender
Download Judgment: English

Baldivieso, César Alejandro s/ causa n° 4733

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Facts:

The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more

Tags: Access to health care, Cocaine, Confidentiality, Disclosure, Drug enforcement, Drug use, Health care professionals, Law enforcement, Non-disclosure, Notification, Police, Public hospitals, Secrecy
Download Judgment: Spanish

Hospital Association of South Africa v. Ministry of Health, et al.

Country: South Africa
Year: 2010
Court: High Court - North Gauteng Division, Pretoria
Citation: [2010] ZAGPPHC 69; 2010 (10) BCLR 1047 (GNP); [2011] 1 All SA 47 (GNP)
Health Topics: Health information, Health systems and financing, Medicines
Human Rights: Freedom of association, Right to participation
Facts:

Two cases (numbers 37505/09 and 21352/09) were consolidated by an order of the court along with this case of the Hospital Association of South Africa Ltd (number 37377/09), as they all dealt with the same issues. The Applicants sought relief in respect of the promulgation by the Minister of Health (Minister) of Regulations Relating to …Read more

Tags: Access to medicines, Awareness, Health regulation, Notification
Download Judgment: English

Frankowicz v. Poland

Country: Poland
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 53025/99
Health Topics: Health information
Human Rights: Freedom of expression, Right to due process/fair trial
Facts:

Frankowicz worked as a gynecologist preparing medical reports at clients’ request. He wrote a report on the long-term treatment of one of his patients in which it was noted that the client was suffering from chronic hepatitis and cirrhosis. Furthermore, Frankowicz wrote that the client’s previous doctor “had failed to take the actions [necessary] for …Read more

Tags: Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English