58 judgments found.

Starson v. Swayze

Country: Canada
Year: 2003
Court: Supreme Court
Citation: (2001) 201 D.L.R. (4th) 123, 146 O.A.C. 121, 33 Admin. L.R. (3d) 315
Health Topics: Informed consent, Mental health
Human Rights: Right to bodily integrity
Facts:

The respondent Starson was a physicist who was diagnosed with bipolar disorder and had intermittently received treatment in various mental institutions in the United States and Canada. Historically, he had used medication to regulate the condition. However, the side effects dulled Starson’s mind, and he refused further treatment, despite being informed his condition would deteriorate …Read more

Tags: Bipolar, Compulsory treatment, Diagnostics, Examination, Forced treatment, Incapacity, Involuntary treatment, Mandatory treatment, Mental competence, Mental illness, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese

Case 198546

Country: France
Year: 2001
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°198546, 26 October 2001
Health Topics: Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

The plaintiff’s husband was hospitalized due to severe renal failure. Conscious of his severe state of health, the husband wrote a statement ten days later stating that, as a Jehovah’s Witness, he refused to get any blood products or transfusions, even if there were essential to his survival. The doctors gave him a blood transfusion …Read more

Tags: Awareness, Clinical trials, Emergency care, Forced treatment, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Notification, Patient choice, Public hospitals, Tort, Unauthorized treatment
Download Judgment: English French

In re A (children)

Country: United Kingdom
Year: 2000
Court: Court of Appeal, Civil Division
Citation: [2000] EWCA Civ 254
Health Topics: Child and adolescent health, Disabilities, Hospitals, Informed consent, Mental health
Human Rights: Right to bodily integrity, Right to life
Facts:

Jodie and Mary were conjoined twins connected at the lower abdomen. Each had their own vital organs, but one of Jodie’s arteries supplied oxygenated blood to Mary. The twins were surgically capable of being separated, but doing so would leave Mary’s deficient heart and lungs without support and lead to her death. However, if the …Read more

Tags: Children, Disabled, Duty of care, Forced treatment, Incompetence, Infant health, Involuntary treatment, Mental competence, Mental disability, Minor, Non-consensual testing and treatment, Patient choice, Physically challenged, Public hospitals, Unauthorized treatment
Download Judgment: English

Causey v. St. Francis Medical Center

Country: United States
Year: 1998
Court: Court of Appeal of Louisiana
Citation: Causey v. St. Francis Medical Center 719 So. 2d 1072 (La. Ct. App. 1998)
Health Topics: Aging, Informed consent, Medical malpractice
Facts:

Plaintiffs, the Causey family, brought this petition for damages against defendants, St. Francis Medical Center (SFMC) and Dr. Harter, for administering treatment to decedent, Sonya Causey, without consent which they argued as an intentional tort outside of the scope of Louisiana’s Medical Malpractice Act. Claims that fell within the Medical Malpractice Act must be submitted …Read more

Tags: Aged persons, Damages, Elderly, Inappropriate treatment, Long-term care, Standard of care, Tort, Unauthorized treatment
Download Judgment:

R (on application of S) v. Louize Collins and Ors.

Country: United Kingdom
Year: 1998
Court: Court of Appeal, Civil Division
Citation: [1998] EWCH Admin 490
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life
Facts:

A 36 weeks-pregnant woman, referred to as “MS”, sought care as a new patient at a local National Health Service (NHS) practice on 25th April 1996. She previously had not sought any ante-natal care. She was quickly diagnosed with pre-eclampsia, a condition threatening the life and health of both her and her baby. She rejected …Read more

Tags: Caesarean, Childbirth, Compulsory treatment, Depression, Diagnostics, Eclampsia, Emergency care, Examination, Forced treatment, Incapacity, Informed choice, Involuntary treatment, Mandatory treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Public hospitals, Unauthorized treatment
Download Judgment: English

St. George’s Healthcare NHS Trust v. S

Country: United Kingdom
Year: 1998
Court: Court of Appeal
Citation: [1998] 3 All ER 673, (1998) 2 CHRLD 323
Health Topics: Hospitals, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity
Facts:

S, who was 36 weeks pregnant, was diagnosed with severe pre-eclampsia, a life-threatening condition of pregnancy characterized by high blood pressure, and with moderate depression. She was advised that her health and her life, and that of her baby, were in real danger and that she needed to be admitted immediately to hospital for an induced …Read more

Tags: Caesarian, Childbirth, Compulsory treatment, Depression, Eclampsia, Forced treatment, Health facilities, Involuntary examination, Involuntary treatment, Mandatory commitment, Maternal health, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

In re MB (medical treatment)

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] EWCA Civ 3093
Health Topics: Health care and health services, Informed consent, Mental health, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to health, Right to privacy
Facts:

A health authority applied for a High Court declaration that it would be lawful to undertake an emergency caesarean operation on MB whose foetus was found to be in the breech position after MB agreed to have the operation theoretically but refused in practice due to her fear of needles. The declaration was granted, and …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Emergency care, Incompetence, Informed choice, Involuntary treatment, Maternal health, Mental competence, Non-consensual testing and treatment, Patient choice, Pregnancy, Unauthorized treatment
Download Judgment: English

R v. Human Fertilisation and Embryology Authority, ex parte Blood

Country: United Kingdom
Year: 1997
Court: Court of Appeal, Civil Division
Citation: [1997] 2 All ER 687; [1997] 2 WLR 806; [1999] Fam 151
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
Facts:

Mr. and Mrs. Blood were married and attempting to have a family. Unfortunately, Mr. Blood contracted meningitis and went into a coma prior to any conception, so Mrs. Blood requested that doctors take sperm by electro-ejaculation while Mr. Blood was in the coma. The doctors took two different samples, and Mr. Blood passed away soon …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Compulsory treatment, Family planning, Forced treatment, Health care technology, Health regulation, In utero fertilization, In vitro fertilization, Informed choice, Involuntary treatment, Mandatory treatment, Non-consensual testing and treatment, Patient choice, Spousal consent, Unauthorized treatment
Download Judgment: English

Vacco v. Quill

Country: United States
Year: 1997
Court: Supreme Court
Citation: 521 U.S. 793 (1997)
Health Topics: Informed consent
Human Rights: Freedom from discrimination, Right to liberty and security of person
Facts:

Respondents, physicians operating in New York and gravelly-ill patients (who had died prior to the appeal), asserted that, though it was consistent with the standards of medical practice to “prescribe lethal medication for ‘mentally competent, terminally ill patients’ who are suffering great pain and desire a doctor’s help in taking their own lives, they [were] …Read more

Tags: Assisted suicide, Informed choice, Non-consensual testing and treatment, Patient choice, Unauthorized treatment
Download Judgment: English