38 judgments found.

National Centre of Tuberculosis and Lung Diseases, et al. v. M. O-shvili

Country: Georgia
Year: 2009
Court: Supreme Court
Citation: Case No. as-771-986-08
Health Topics: Chronic and noncommunicable diseases, Health information, Infectious diseases, Medical malpractice
Human Rights: Right of access to information
Facts:

The Plaintiff had a number of medical procedures related to urological problems and tuberculosis over the course of several years at Tbilisi State Medical University Clinic. The Plaintiff alleged that the medical institution had been obligated to provide him with information about the diagnosis and necessary anti-tuberculosis treatment, and its failure to do so had …Read more

Tags: Compensation, Damages, Disclosure, Inadequate treatment, Kidney disease, Non-disclosure, Notification, Public hospitals, Remedies, TB, Tuberculosis
Download Judgment: English Georgian

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

Kutaisi Regional Blood Bank v. Lamira Chaladze

Country: Georgia
Year: 2007
Court: Cassation Court
Citation: Case No. as-296-624-07
Health Topics: Health information, HIV/AIDS, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to life
Facts:

While giving birth to her second son, the Respondent lost a large amount of blood and needed a blood transfusion. Her relatives bought erythrocyte mass and karyoplasms from the Kutaisi Regional Blood Bank.  After the transfusion, the Respondent and her son became sick and doctors ultimately concluded that the Respondent and her son was HIV …Read more

Tags: AIDS, Blood transfusion, Breast feeding, Childbirth, Compensation, Damages, Disclosure, Duty of care, Health care technology, HIV, HIV positive, HIV status, Infant health, Informed choice, Maternal health, Notification, People living with HIV/AIDS, PLHIV, Standard of care, Transmission
Download Judgment: English Georgian

L.L v. France

Country: France
Year: 2007
Court: The European Court of Human Rights
Citation: Case No. 7509/02
Health Topics: Health information
Human Rights: Right to privacy
Facts:

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

Tags: Alcohol, Confidentiality, Disclosure, Health data, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English French

R (on the application of Axon) v. Secretary of State for Health and Anr.

Country: United Kingdom
Year: 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
Facts:

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

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Birth control, Childbirth, Children, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Maternal health, Maternal mortality, Minor, Non-disclosure, Notification, Parental consent, Parental notification, Pregnancy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Termination of pregnancy
Download Judgment: English

State v. Daniels

Country: United States
Year: 2006
Court: Supreme Court of Ohio
Citation: 108 Ohio St.3d 518 (2006); 2006-Ohio-1215
Health Topics: Child and adolescent health, Health information
Human Rights: Right of access to information
Facts:

The Cincinnati Health Department (CHD) refused a request from a reporter from the Cincinnati Enquirer (the Enquirer) for “copies of the 343 lead citations and any others that were issued between 1994 and the present.” The lead citations were lead-contamination notices issued to owners of units reported to be the residences of children whose blood …Read more

Tags: Child development, Children, Freedom of information, Health information, Health promotion, Minor, Notification
Download Judgment: English

Case 43/2005 (XI. 14)

Country: Hungary
Year: 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
Facts:

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

Tags: Birth control, Compulsory sterilization, Confidentiality, Contraception, Contraceptives, Disclosure, Family planning, Forced sterilization, Health records, Informed choice, Involuntary sterilization, Mandatory sterilization, Maternal health, Medical records, Non-disclosure, Notification, Patient choice, Pregnancy, Secrecy, Spousal consent, Spousal notification, Sterilization
Download Judgment: English

Case 94-19685

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

Tags: Awareness, Compensation, Counseling, Damages, Diagnostics, Duty of care, Freedom of information, Informed choice, Notification, Patient choice, Secrecy, Standard of care
Download Judgment: English French

Case 97-10267

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Appeal No. 97-10267. Cass civ I, 7 October 1998.
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more

Tags: Awareness, Duty of care, Informed choice, Notification, Patient choice, Standard of care
Download Judgment: English French

J.V. v. Flemish Government

Country: Belgium
Year: 2005
Court: Constitutional Court of Belgium [Cour constitutionnelle]
Citation: Case 2005-016F, 19 January 2005
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
Facts:

J.V. filed an action in the Belgian Constitutional Court to annul article 40.6, line 2, of the Flemish Parliament’s Act of 1991 on the practice of sport with respect to health imperatives. He stated that the impugned provision that required the publication of details on a government website such as the name, date of birth …Read more

Tags: Confidentiality, Disclosure, Drug abuse, Drug use, Non-disclosure, Notification, People who use drugs, Performance-enhancing drugs, Secrecy, Substance abuse
Download Judgment: English French Flemish