Both developing and developed countries face an increasing mismatch
between what patients expect to receive from healthcare and what
the public healthcare systems can afford to provide. Where there
has been a growing recognition of the entitlement to receive
healthcare, the frustrated expectations with regards to the level
of provision has led to lawsuits challenging the denial of funding
for health treatments by public health systems. This book analyses
the impact of courts and litigation on the way health systems set
priorities and make rationing decisions. In particular, it focuses
on how the judicial protection of the right to healthcare can
impact the institutionalization, functioning and centrality of
Health Technology Assessment (HTA) for decisions about the funding
of treatment. Based on the case study of three jurisdictions –
Brazil, Colombia, and England – it shows that courts can be a key
driver for the institutionalization of HTA. These case studies show
the paradoxes of judicial control, which can promote accountability
and impair it, demand administrative competence and undermine
bureaucratic capacities. The case studies offer a nuanced and
evidence-informed understanding of these paradoxes in the context
of health care by showing how the judicial control of
priority-setting decisions in health care can be used to require
and control an explicit scheme for health technology assessment,
but can also limit and circumvent it. It will be essential for
those researching Medical Law and Healthcare Policy, Human Rights
Law, and Social Rights.
General
| Imprint: |
Taylor & Francis
|
| Country of origin: |
United Kingdom |
| Release date: |
September 2023 |
| Authors: |
Daniel Wang
|
| Dimensions: |
234 x 156mm (L x W) |
| Pages: |
202 |
| ISBN-13: |
978-1-03-218491-3 |
| Categories: |
Books
|
| LSN: |
1-03-218491-4 |
| Barcode: |
9781032184913 |
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