79 judgments found.

Laura Albán-Cornejo v. Ecuador

Country: Ecuador
Year: 2007
Court: Inter-American Court of Human Rights
Citation: Inter-Am. Ct. H.R. (ser. C) No. 171 (Nov. 22, 2007).
Health Topics: Health care and health services, Infectious diseases, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to life
Facts:

On December 13, 1987, Laura Susana Albán-Cornejo was admitted to a private health institution from expressed symptoms of bacterial meningitis. On December 17, 1987, Albán-Cornejo suffered severe pain for which the resident physician prescribed a 10 mg. dose of morphine. The next day, while under medical treatment, Albán-Cornejo died. The parents, who were with their …Read more

Tags: Compensation, Damages, Duty of care, Inappropriate treatment, Meningitis, Negligence, Remedies, Standard of care
Download Judgment: English Spanish

Byrzykowski v. Poland

Country: Poland
Year: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more

Tags: Caesarean, Childbirth, Compensation, Damages, Duty of care, Emergency care, Health regulation, Inadequate treatment, Inappropriate treatment, Maternal health, Maternal mortality, Negligence, Pregnancy, Primary care, Remedies, Standard of care, Tort
Download Judgment: English Polish

Case 02-10957

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass civ I, n°02-10957, 7 December 2004
Health Topics: Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a tympanoplasty procedure provided by Dr. Y, Mrs. X suffered from partial facial paralysis. Mrs. X sought damages for the entire facial paralysis that she suffered, claiming that Dr. Y had violated the doctor’s duty to fully inform patients of the potential consequences of a medical procedure. The lower court awarded Mrs. X damages, and …Read more

Tags: Compensation, Damages, Duty of care, Health care professionals, Informed choice, Patient choice, Remedies, Standard of care, Tort
Download Judgment: English French

Case 256001

Country: France
Year: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
Facts:

This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more

Tags: Counseling, Diagnostics, Duty of care, Health care professionals, Health care workers, Health regulation, Negligence, Remedies, Social security, Standard of care
Download Judgment: English French

Case 94-19685

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Civ I, n°94-19685, 25 February 1997
Health Topics: Health care and health services, Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information
Facts:

After a colonoscopy, a patient suffered from  intestinal perforation. The patient sued the doctor for not having provided information on the possible risks of the surgery to him prior to the surgery. The Court of Appeal held that the patient had the burden to prove that the doctor had breached his duty to inform, and …Read more

Tags: Awareness, Compensation, Counseling, Damages, Diagnostics, Duty of care, Freedom of information, Informed choice, Notification, Patient choice, Secrecy, Standard of care
Download Judgment: English French

Case 97-10267

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Appeal No. 97-10267. Cass civ I, 7 October 1998.
Health Topics: Health information, Informed consent, Medical malpractice
Human Rights: Right of access to information, Right to health
Facts:

Mrs. X was treated for persistent kyphosis (curvature of the spine) by Dr. Y. After her spinal graft operation, she developed a problem with her eye known as cavernous sinus thrombosis. As a result, she lost sight in her left eye. Mrs. X sued Dr. Y for failing to inform her about all of the risks …Read more

Tags: Awareness, Duty of care, Informed choice, Notification, Patient choice, Standard of care
Download Judgment: English French

Glegg v Smith & Nephew Inc

Country: Canada
Year: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Facts:

Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more

Tags: Compensation, Confidentiality, Damages, Depression, Differently abled, Disabled, Disclosure, Duty of care, Handicapped, Health care professionals, Health care workers, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Mental disorder, Mental illness, Negligence, Non-disclosure, Physically challenged, Remedies, Secrecy, Standard of care, Tort
Download Judgment: English

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

Tags: Damages, Duty of care, Emergency care, Inadequate treatment, Negligence, Standard of care, Tort
Download Judgment: English

N.V. v. LLC “… Hospital”

Country: Georgia
Year: 2005
Court: Supreme Court [საქართველოს უზენაესი სასამართლო]
Citation: Docket number #ას-33-406-05
Health Topics: Aging, Disabilities, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to health
Facts:

N.V. submitted a lawsuit in Court against the respondent LLC “… Hospital” for reimbursement of pecuniary and non-pecuniary damages after multiple failed surgeries. The plaintiff alleged the resulting damages were caused by poorly done surgeries and post-surgical treatment. The plaintiff was operated on for left pelvis-hip joint total endoprosthesis. The plaintiff had three surgical operations …Read more

Tags: Aged persons, Compensation, Damages, Disabled, Duty of care, Handicapped, Inadequate treatment, Negligence, Older persons, Physically challenged, Public hospitals, Remedies, Standard of care
Download Judgment: English Georgian

Harvey v. PD 

Country: Australia
Year: 2004
Court: Supreme Court of New South Wales
Citation: 59 NSWLR 639;[2004] NSWCA 97 
Health Topics: Health information, HIV/AIDS, Infectious diseases, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February 1999. On 16 November 1998, she participated in a joint medical consultation with her husband-to-be, FH. The Appellants, Dr. Harvey and Dr. Chen, were their treating physicians. The couple met with Dr. Harvey for the purpose of …Read more

Tags: AIDS, Compensation, Confidentiality, Damages, Disclosure, Duty of care, Health information, Hepatitis, HIV, HIV positive, HIV status, Informed choice, Negligence, Non-disclosure, Patient choice, People living with HIV/AIDS, PLHIV, Remedies, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, Standard of care, STDs, STIs, Tort, Transmission
Download Judgment: English