Ntsels v. Member of the Executive Council for Health, Gauteng Provincial Government
Country: South AfricaYear: 2012
Court: South Gauteng High Court, Johannesburg
Citation: CASE NO: 2009/52394
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health
Human Rights: Right to health
The plaintiff filed an action for damages against the defendant on behalf of her minor child “A” alleging that the nursing staff at the clinic failed to properly monitor the child’s fetal growth and heart beat, refer her to a hospital for ante-natal sonar tests and were negligent in providing appropriate treatment and perform a …Read more
Panaitescu v. Romania
Country: RomaniaYear: 2012
Court: The European Court of Human Rights
Citation: ECHR 152 (2012)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
The son of the former applicant continued the application after his death. The applicant’s father was diagnosed with cancer in 2005 and had a surgery for removal of a tumour from his kidney. He was first suggested vitamins and saline solution. Later on, when he went to an oncology institute, he was recommended two drugs. …Read more
Reynolds v. United Kingdom
Country: United KingdomYear: 2012
Court: The European Court of Human Rights
Citation: Application no. 2694/08
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
The applicant’s son was admitted as a voluntary patient as he was diagnosed with schizophrenia and there was a fear that he might commit suicide. He was kept in a crisis room in the intensive care unit. However, on the first night itself, the applicant’s son jumped out of the window and died. The applicant’s …Read more
Sandesh Bansal v. Union of India and others
Country: IndiaYear: 2012
Court: High Court - Madhya Pradesh
Citation: Writ Petition No. 9061/2008
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing, Hospitals, Medicines, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Right to life
The petitioner is a social activist that works on raising concern over the high maternal mortality in the Indian state of Madhya Pradesh. The petitioner alleged that the state’s program to reduce the maternal mortality rate (MMR) had failed to be implemented effectively in Madhya Pradesh. The petitioner had filed this petition, alleging that about …Read more
Case 001-11-EE
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 001-11-EE, July 27, 2011.
Health Topics: Disasters and emergencies, Health care and health services, Hospitals
Human Rights: Right to health
This case was a decision on the constitutionality of an executive decree extending the declaration of a state of emergency in respect of the national public health services. Articles 165 and 166 of the Constitution and Articles 120 and 121 of the Organic Law of Jurisdictional Guarantees and Constitutional Controls set forth conditions that a …Read more
Case 004-11-EE
Country: EcuadorYear: 2011
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional Case No. 004-11-EE, July 27, 2011.
Health Topics: Disasters and emergencies, Health care and health services, Health systems and financing, Hospitals
This case was a decision on the constitutionality of an executive decree extending the declaration of a state of emergency in respect of the national public health services. Articles 165 and 166 of the Constitution and Articles 120 and 121 of the Organic Law of Jurisdictional Guarantees and Constitutional Controls set forth conditions that a …Read more
Case 822 K/Pid.Sus/2010
Country: IndonesiaYear: 2011
Court: Supreme Court
Health Topics: Chronic and noncommunicable diseases, Health information, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Freedom of association, Freedom of expression, Right to due process/fair trial
On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more
Fontana, Lilia Marcela s/denuncia
Country: ArgentinaYear: 2011
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: C. 959. XLVI.
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals, Medicines
Human Rights: Right to housing, Right to life
The plaintiff brought the case to the Federal Criminal Court of Lomas de Zamora [Juzgado Federal en lo Criminal y Correccional N° 2] against the responsible of the Federal Program of Health [Programa Federal de Salud (P.R.O.F.E.)] who were not providing the medicines and dialysis equipment for the treatment of her seven year old daughter, …Read more
Jocelyn Edwards
Country: AustraliaYear: 2011
Court: Supreme Court of New South Wales
Citation: (2011) 81 NSWLR 198; [2011] NSWSC 478
Health Topics: Chronic and noncommunicable diseases, Hospitals, Informed consent, Occupational health, Sexual and reproductive health
Human Rights: Right to property
Jocelyn and Mark Edwards were happily married and intended to have a child. They encountered some difficulties in conceiving and consulted a fertility clinic. Both subsequently agreed to in vitro fertilization (IVF) treatment. Mark had earlier expressed the importance to him of Jocelyn having their child before he was “unable” to, which was positively supported …Read more
R.R. v. Poland
Country: PolandYear: 2011
Court: European Court of Human Rights
Citation: App. No. 27617/04, Eur. Ct. H.R. Rep. 648 (2011).
Health Topics: Health care and health services, Health systems and financing, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to privacy
The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more