Harris v. Thigpen
Country: United StatesYear: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more
Leckelt v. Board of Commissioners
Country: United StatesYear: 1990
Court: 5th Circuit Court of Appeal
Citation: 909 F.2d 820 (1990)
Health Topics: Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to favorable working conditions, Right to privacy
Appellant Leckelt, a licensed practical nurse, was discharged by his hospital employer when he refused to provide the hospital with his HIV antibody test results. In his capacity as a nurse, Leckelt performed a number of functions, including administering medication orally and by injection, and working in the intensive care unit and the emergency room. …Read more
W v. Egdell
Country: United KingdomYear: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more
YG v. Jewish Hospital
Country: United StatesYear: 1990
Court: Court of Appeals of Missouri
Citation: 795 SW 2d 488 (1990)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
The Appellants, Y.G. and L.G, husband and wife, brought this common law tort claim of an invasion of privacy. At the time of the incident, the wife, L.G., was five months pregnant, bearing triplets conceived through in vitro fertilization (IVF) at and under the guidance of the Jewish Hospital of St. Louis (the Hospital). The …Read more
Case 37/1989
Country: SpainYear: 1989
Court: Supreme Court
Citation: Spanish Constitutional Court Courtroom 1st, S 15-2-1989, No.37/1989, Spanish Official Bulletin 52/1989, March 2, 1989, rec 235/1989
Health Topics: Health information, Hospitals, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
On November 5 1986, the Court of First Instance and Preliminary Investigations No. 10 of Malaga ordered the search of a medical clinic where criminal actions (specifically, the administration of abortions) were allegedly taking place. In so doing, information regarding the medical history of Ms. Ximena’s (the appellant) was recorded. On November 21, 1986, the …Read more
R v. Dyment
Country: CanadaYear: 1988
Court: Supreme Court of Canada
Citation: [1988] 2 SCR 417
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals, Informed consent
Human Rights: Right to due process/fair trial, Right to privacy
The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more
United States v. Westinghouse Electric Corporation
Country: United StatesYear: 1980
Court: 3rd Circuit Court of Appeal
Citation: 638 F.2d 570 (3d Cir. 1980)
Health Topics: Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to privacy
The National Institute for Occupational Safety and Health (NIOSH) began a health hazard evaluation of a Westinghouse Electric Corporation plant in Pennsylvania after receiving a request from an authorized union representative from Westinghouse Electric Corporation. Physicians and an industrial hygienist employed by NIOSH did walk-through inspections of the plant. The inspecting physicians suspected that the …Read more