143 judgments found.

Kracke v. Mental Health Review Board & Anor (No. 2) (General)

Country: Australia
Year: 2009
Court: Victorian Civil and Administrative Tribunal
Citation: [2009] VCAT 1548
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The petitioner, Kracke, was mentally ill and was being subjected to medical treatment without his consent. He was required to take drugs with adverse side effects and had been trying unsuccessfully to convince the medical authorities to let him stop taking them. The drugs were being administered under treatment orders issued pursuant to the Mental …Read more

Tags: Community-based care, Compulsory commitment, Compulsory confinement, Compulsory treatment, Informed choice, Involuntary commitment, Involuntary confinement, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory treatment, Mental disability, Mental disorder, Mental illness, Non-consensual testing and treatment, Patient choice
Download Judgment: English

I.V. v. Bolivia (Admissibility)

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 40/08, Petition 270-07, July 23, 2008; OEA/Ser.L/V/II.134, Doc. 5, rev. 1, 25 February 2009
Health Topics: Informed consent, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to privacy
Facts:

In 2000, the Ombudsman of Bolivia, on behalf of the victim, lodged a petition to the Inter-American Commission on Human Rights alleging that victim was submitted to a surgical procedure of ligature of the fallopian tubes in a public hospital without her informed consent and this was therefore an involuntary sterilization. The Ombudsman further alleged …Read more

Tags: Caesarean, Childbirth, Forced sterilization, Forced treatment, Infertility, Informed choice, Involuntary sterilization, Involuntary treatment, Maternal health, Maternal mortality, Non-consensual testing and treatment, Patient choice, Pregnancy, Sterilization, Unauthorized treatment
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Paxton v. Ramji

Country: Canada
Year: 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
Facts:

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

Tags: Birth control, Child development, Childbirth, Children, Compensation, Contraception, Contraceptives, Counseling, Damages, Deaf, Differently abled, Disabled, Disclosure, Drug safety, Duty of care, Fertility, Handicapped, Health care professionals, Health care workers, Infant health, Informed choice, Maternal health, Negligence, Non-disclosure, Patient choice, Pediatric health, Pharmaceuticals, Physically challenged, Standard of care, Testing, Tort
Download Judgment: English

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English

Solomakhin v. Ukraine

Country: Ukraine
Year: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
Facts:

The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more

Tags: Compensation, Damages, Diagnostics, Drug quality, Drug safety, Examination, Hepatitis, Inappropriate treatment, Involuntary treatment, Noncommunicable diseases, Patient choice, Public hospitals, Respiratory diseases, Testing, Unauthorized treatment, Vaccination, Vaccines
Download Judgment: English

E.B. v. X

Country: Italy
Year: 2007
Court: Supreme Court of Cassation
Citation: Case No. 21748/2007 of 16 October 2007
Health Topics: Diet and nutrition, Disabilities, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

E.E., an adult, was in a car accident in 1992. As a result of this accident, she entered into an irreversible vegetative coma. E.E. was not clinically dead, defined as the “irreversible  cessation  of  all  encephalon  functions,” but was clinically in a permanent vegetative state (PVS). She was kept alive through force-feeding by means of …Read more

Tags: Compulsory treatment, Disabled, Duty of care, Food, Health care professionals, Health care workers, Incapacity, Incompetence, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Starvation, Unauthorized treatment
Download Judgment: English Italian

M. Chinnaiyan v. Sri Gokulam Hospital and another

Country: India
Year: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

Tags: Blood transfusion, Duty of care, Examination, Negligence, Patient choice, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

Falcón, María Liliana v. Hospital Vidal

Country: Argentina
Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person
Facts:

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

Tags: Access to treatment, Assisted reproductive technology, Birth control, Contraception, Contraceptives, Family planning, Fertility, Health facilities, Informed choice, Patient choice, Public hospitals, Sterilization
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Gonzales v. Oregon

Country: United States
Year: 2006
Court: Supreme Court
Citation: 546 U.S. 243 (2006)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, Informed consent, Medicines, Mental health
Facts:

The state of Oregon legalized a physician-assisted suicide law. This law exempts state-licensed physicians who “dispense or prescribe a lethal dose of drugs upon the request of a terminally ill patient” from civil or criminal liability. The law required that the patient must have a diagnosis of an incurable and irreversible disease that reasonably will cause …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Counseling, Examination, Health care professionals, Health care workers, Informed choice, Noncommunicable diseases, Patient choice, Substance abuse, Suicide
Download Judgment: English

Case 01-03259

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°01-03259, 6 May 2003
Health Topics: Hospitals, Informed consent, Sexual and reproductive health
Facts:

A woman being treated by Polyclinic requested that two doctors from outside the clinic to come to treat her child. The polyclinic did not allow the two pediatric specialists to practice in the clinic. The Court of Appeal held that the polyclinic had violated L. 1111-1 of the Public Health Code and L.162-2 of the …Read more

Tags: Clinics, Informed choice, Maternal health, Patient choice
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