143 judgments found.

Case STS 31-3-2010

Country: Spain
Year: 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
Facts:

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

Tags: Access to treatment, Child development, Children, Epilepsy, Health care professionals, Health care workers, Inadequate treatment, Inappropriate treatment, Informed choice, Minor, Negligence, Neurological diseases, Noncommunicable diseases, Patient choice, Pediatric health, Private hospitals, Public hospitals
Download Judgment: English

JCAG 362/2010

Country: Spain
Year: 2010
Court: Administrative Litigation Chamber of Granada
Health Topics: Child and adolescent health, Disasters and emergencies, Infectious diseases, Informed consent, Medicines, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Facts:

An outbreak of measles occurred in the city of Granada, beginning on October 9, 2010, with two children in the neighborhood of Albaycín. Due to low vaccination coverage among children in the neighborhood, especially those attending the public school Colegio Público Gómez Moreno, the disease spread. By November 18th, 36 cases had been reported. In …Read more

Tags: Children, Compulsory treatment, Immunization, Involuntary treatment, Mandatory treatment, Measles, Minor, Non-consensual testing and treatment, Patient choice, Pediatric health, Unauthorized treatment, Vaccination, Vaccines
Download Judgment: English

Jehovah’s Witnesses of Moscow and Others v. Russia

Country: Russia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 302/02
Health Topics: Health care and health services, Informed consent
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion
Facts:

On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more

Tags: Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Emergency care, Forced treatment, Informed choice, Involuntary examination, Involuntary testing, Involuntary treatment, Patient choice, Unauthorized treatment
Download Judgment: English

A.C. v. Manitoba

Country: Canada
Year: 2009
Court: Supreme Court
Citation: [2009] 2 R.C.S.; 2009 SCC 30
Health Topics: Child and adolescent health, Informed consent
Human Rights: Freedom of religion, Right to bodily integrity, Right to liberty and security of person
Facts:

A.C., a child and a Jehovah’s Witness, suffered from Crohn’s disease. She had signed an advance medical affidavit containing her instructions not to be given blood under any circumstances. At the age of 14, she was admitted to hospital and refused to consent to the receipt of blood. The Director of Child and Family Services …Read more

Tags: Children, Compulsory treatment, Forced treatment, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English French

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

Case 723/2009

Country: Spain
Year: 2009
Court: Supreme Court of Justice of Cataluña
Citation: STSJC 723/2009 (Ángel and Others v. Servei Català de la Salut and Consorci Sanitari Integral)
Health Topics: Child and adolescent health, Health care and health services, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The appellants, parents of a child with microephaly disorder, alleged medical malpractice in that the failure of medical services to identify and inform them of their daughter’s condition during the pregnancy denied them the choice to terminate that pregnancy. In July of 2001, the appellants’ daughter was born and the appellants were informed that she …Read more

Tags: Abortion, Child development, Children, Compensation, Damages, Diagnostics, Examination, Inadequate treatment, Infant health, Informed choice, Misdiagnosis, Patient choice, Pediatric health, Pregnancy, Termination of pregnancy
Download Judgment: English

Case of K.H and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: The European Court of Human Rights
Citation: Application no. 32881/04
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information, Right to bodily integrity
Facts:

The applicants are Slovakian females. After their treatment in two Eastern Slovakian hospitals for their pregnancies and deliveries, they could not conceive after multiple attempts. They suspected that a sterilisation procedure must have been conducted during their caesarean delivery. The lawyers of the plaintiffs attempted to get their medical records from the hospitals but were …Read more

Tags: Caesarean, Childbirth, Clinics, Compulsory sterilization, Forced sterilization, Health facilities, Inappropriate treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
Download Judgment: English

Case STS 25-6-2009

Country: Spain
Year: 2009
Court: Supreme Court
Citation: No. 3404/2008
Health Topics: Health care and health services, Health systems and financing, Hospitals, Informed consent
Human Rights: Freedom of religion, Right to health
Facts:

Mr. Domingo was involved in an accident where he fractured his right femur. The Hospital of Bellvitge, where he was admitted, required patients to consent to a blood transfusion due to the risk of hemorrhage during surgery. Mr. Domingo refused a possible blood transfusion due to his religious beliefs as a Jehovah’s witness. Therefore, Mr. …Read more

Tags: Access to treatment, Blood transfusion, Conscientious objection, Emergency care, Health care technology, Inadequate treatment, Inappropriate treatment, Informed choice, Out-of-pocket expenditures, Patient choice, Private hospitals, Public hospitals, Reimbursement
Download Judgment: English

In the Matter of an Application by the Society for the Protection of Unborn Children for Judicial Review

Country: United Kingdom
Year: 2009
Court: High Court of Justice in Northern Ireland, Queen's Bench Division
Citation: [2009] NIQB 92
Health Topics: Health care and health services, Health information, Informed consent, Sexual and reproductive health
Human Rights: Right to life
Facts:

The law applicable to abortion and medically induced miscarriages in Northern Ireland was a 19th century law (the Offences against the Person Act 1861), which made it a crime to procure a miscarriage. Courts had interpreted this principle to decide that if a person who procured the abortion acted in good faith for the purpose …Read more

Tags: Abortion, Abortion counseling, Access to health care, Access to treatment, Conscientious objection, Health education, Informed choice, Late-term abortion, Maternal health, Miscarriage, Partial birth abortion, Patient choice, Pregnancy, Termination of pregnancy, Therapeutic abortion
Download Judgment: English

K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
Download Judgment: English