Document Detail


Courts and health care rationing: the case of the Brazilian Federal Supreme Court.
MedLine Citation:
PMID:  23040509     Owner:  NLM     Status:  Publisher    
Abstract/OtherAbstract:
The recognition that access to health care is a constitutional right in Brazil has resulted in a situation in which citizens denied treatments by the public health care system have brought lawsuits against health authorities, claiming that their right to health was violated. This litigation forces the courts to decide between a patient-centred and a population-centred approach to public health - a choice that forces the courts to assess health care rationing decisions. This article analyses the judgments of the Brazilian Federal Supreme Court in right to health cases, arguing that the Court's recent decisions have been contrary to their long-standing stance against rationing. In 2009, the Court organized a public hearing to discuss this topic with civil society and established criteria to determine when rationing would be legal. However, I argue that these criteria for health care rationing do not adequately address the most difficult health care distribution dilemmas. They force the health care system to keep their rationing criteria implicit and make population-centred concerns secondary to individual-centred ones.
Authors:
Daniel W L Wang
Related Documents :
16530489 - A framework for systematic evaluation of health information infrastructure progress in ...
24901299 - Breaking the silence: determinants of voice for quality improvement in hospitals.
23451079 - Patients are paying too much for tuberculosis: a direct cost-burden evaluation in burki...
22711169 - Revitalizing communities together: the shared values, goals, and work of education, urb...
23167699 - Meta-synthesis and evidence-based health care - a method for systematic review.
24122659 - The relationship of pre-operative health status to sustained outcome in gastric bypass ...
9285459 - Effect of intrathecal baclofen delivered by an implanted programmable pump on health re...
3180419 - Analytical problems encountered in determining aluminum status from hair in controls an...
6375779 - Academic health sciences libraries, then and now.
Publication Detail:
Type:  JOURNAL ARTICLE     Date:  2012-10-8
Journal Detail:
Title:  Health economics, policy, and law     Volume:  -     ISSN:  1744-134X     ISO Abbreviation:  Health Econ Policy Law     Publication Date:  2012 Oct 
Date Detail:
Created Date:  2012-10-8     Completed Date:  -     Revised Date:  -    
Medline Journal Info:
Nlm Unique ID:  101247224     Medline TA:  Health Econ Policy Law     Country:  -    
Other Details:
Languages:  ENG     Pagination:  1-19     Citation Subset:  -    
Affiliation:
PhD Candidate at the London School of Economics and Political Science, London, UK.
Export Citation:
APA/MLA Format     Download EndNote     Download BibTex
MeSH Terms
Descriptor/Qualifier:

From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine


Previous Document:  Does facing traffic improve pedestrian safety?
Next Document:  NIa-pro of Papaya ringspot virus interacts with papaya methionine sulfoxide reductase B1.