Vinicio Poblete Vilches v. Chile
Country: ChileYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 13/09, Petition 339-02, March 19, 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to life
The case concerns the death of Mr. Vinicio Antonio Poblete Vilches that took place in a public hospital in the city of Santiago. The petitioners (Mr. Vilches’ wife and sons) claimed that the physicians treating Mr. Vilches were responsible for his death. In January 2001, Mr. Vilches was brought to a public hospital in Santiago …Read more
Yearworth v. North Bristol NHS Trust
Country: United KingdomYear: 2009
Court: Court of Appeal, Civil Division
Citation: [2009] EWCA Civ 37
Health Topics: Chronic and noncommunicable diseases, Hospitals, Medical malpractice, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to property
Six men appealed the decision of the Exeter County Court that denied recovery in tort for the damage of their sperm held in frozen storage at a facility run by the North Bristol NHS Trust (the “Trust”). All six of the men were diagnosed with cancer and were advised that chemotherapy was the appropriate treatment. …Read more
Yolanda v. Regional Healthcare Department of the Generalitat Valenciana
Country: SpainYear: 2009
Court: Supreme Court
Citation: STS 16-11-2009 Appeal No. 4426/2008
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Right to health, Right to social security
The plaintiff sued the defendant, Regional Healthcare Department of the Generalitat Valenciana (RHD) for a refund of medical expenses following its denial of fertilization treatment. The plaintiff was carrying a genetic illness multiple endocrine neoplasia type II (MEN II). She had surgery after being diagnosed with the disease. Subsequently, the plaintiff decided she wanted to …Read more
Case 649
Country: RomaniaYear: 2008
Court: National Council for Combating Discrimination
Citation: Decision No. 649 of 4 December 2008
Health Topics: Child and adolescent health, Health care and health services, Hospitals
Human Rights: Freedom from discrimination, Right to health
The petitioner claimed that the defendant hospital’s practice of only admitting mothers with sick children was discriminatory. In particular, the petitioners pointed to the defendant hospital’s notice board which read: “children up to 3 years of age are admitted along with their mothers”, and “Mother – not relatives”. However, the defendant hospital argued that this …Read more
M.J.R. s/insanía
Country: ArgentinaYear: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more
Nabieh Taha Muhammad al-Bahy, et al. v. President of the Republic, et al.
Country: EgyptYear: 2008
Court: State Council, Court of Administrative Justice, First Circuit
Citation: Cases no. 21550/61, 21665/61, 22912/61, 23003/61, 25752/61, and 25857/61
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life, Right to social security
On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more
Sh. Balram Sharma v. Union of India
Country: IndiaYear: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more
Solomakhin v. Ukraine
Country: UkraineYear: 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
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
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
Case 149
Country: RomaniaYear: 2007
Court: National Council for Combating Discrimination
Citation: Decision No. 149 of 17 October 2007
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to health
On August 28, 2009, Mrs. Y, a pregnant woman of Roma ethnic origin, went to Targu Neamt Hospital Obstetrics and Gynaecology Department, a public hospital, for a check-up. Dr. X performed the check-up and sent her home, telling her there was nothing wrong with her and making certain derogatory statements about gypsies. When Mrs. Y …Read more