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Health care as a right: some practical implications

D Giesen1

  • 1Institute for Private Law, Free University of Berlin, Germany.

Medicine and Law
|January 1, 1994
PubMed
Summary
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Recognizing a right to healthcare necessitates ethical standards prioritizing patient dignity and informed consent over purely scientific demands. Legal systems must ensure comprehensive access and professional duties for adequate medical care.

Area of Science:

  • Bioethics
  • Medical Law
  • Health Policy

Background:

  • Societies face ethical challenges in providing comprehensive healthcare access.
  • Legal systems often lack duties for medical professionals in emergencies.
  • Current strategies for minimum medical care in common-law nations are insufficient.

Purpose of the Study:

  • Examine legal and moral issues surrounding a right to healthcare.
  • Critique societal failures in healthcare access and legal frameworks.
  • Analyze the adequacy of existing medical care provisions.

Main Methods:

  • Review of legal and ethical principles related to healthcare rights.
  • Analysis of common-law strategies for ensuring medical care.
  • Examination of moral obligations of healthcare providers.
Keywords:
Health Care and Public HealthLegal Approach

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Main Results:

  • Existing legal and judicial strategies are inadequate for ensuring minimum medical care.
  • A right to healthcare implies a moral duty to respect patient dignity and autonomy.
  • Scientific considerations should not overshadow ethical and legal patient rights.

Conclusions:

  • A rights-based approach requires subordinating scientific roles to patient-centered legal and ethical standards.
  • Re-evaluation of resource allocation and legal controls in healthcare is necessary.
  • Comprehensive assessment of healthcare systems must prioritize patient rights, informed consent, and end-of-life decisions.