scholarly journals Sanitary justice in scarcity

1999 ◽  
Vol 15 (suppl 1) ◽  
pp. S43-S50 ◽  
Author(s):  
Miguel Kottow
Keyword(s):  
Health Care ◽  
Care Provider ◽  
Basic Needs ◽  
Right To Health ◽  
The State ◽  
Private Health Care ◽  
Public Funds ◽  
Right To Health Care ◽  
Medical Needs ◽  
Justice In Health Care

Justice in health care and the allocation of scarce medical resources must be analyzed differently in affluent as compared to economically weaker societies. The protective functions of the state must be extended to cover basic needs for those too poor to meet them on their own. Medical needs are a high priority, since poor health hampers the ability to secure other basic needs. The state may operate as either a health care provider or supervisor, guaranteeing that citizens be treated fairly by nongovernmental institutions. Two-tiered systems with a vigorous private health care sector are compatible with the explicit right to health care, provided the private tier operates without directly or indirectly draining public funds.

The Right to Health Care and The State

1983 ◽  
Vol 33 (132) ◽  
pp. 279 ◽  
Author(s):  
Gary E. Jones
Keyword(s):  
Health Care ◽  
Right To Health ◽  
The State ◽  
Right To Health Care ◽  
The Right

Politics of Evidence and Right to Health Care in India: The Challenges in Fixing Accountability of Medical Doctors in Patient Rights Violations in the Private Health Care Sector in India

2018 ◽  
pp. 1-19
Keyword(s):  
Health Care ◽  
Health Care Sector ◽  
Patient Rights ◽  
Medical Doctors ◽  
Private Health Care ◽  
Right To Health Care ◽  
Patients Rights ◽  
Regulatory Architecture ◽  
Health Care Policies ◽  
Admissible Evidence

Privatization oriented government health care policies have stimulated robust growth of private health care sector in India, without putting in place regulatory architecture that safeguards patients’ rights. The lack of adequate regulatory framework to govern them has put patients to undue disadvantage. This paper, based on primary investigation, analyses the ‘politics of evidence’ that patients are confronted with and are forced to navigate, in redressing ethical and patient rights violations against private medical establishments. The analysis of cases indicates that in the current medico-legal ecosystem is non-conducive to patients and impedes obtaining legally admissible evidence against medical professionals. The prevailing redressal avenues are significantly hostile to patients and unduly favour the private medical establishments who enjoy support and impunity from prosecution under the implicit state patronage. The paper makes a compelling case for a comprehensive regulatory architecture that simultaneously regulates the private medical establishments and safeguards the rights of patients.

scholarly journals Undocumented migrants’ right to health care: Physicians’ rejection of law in their gatekeeper roles

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
J T V Greenbrook
Keyword(s):  
Health Care ◽  
Medical Ethics ◽  
Phenomenological Study ◽  
Medical Profession ◽  
Healthcare Access ◽  
Right To Health ◽  
Legal Consciousness ◽  
Legal Knowledge ◽  
Undocumented Migrants ◽  
Right To Health Care

Abstract Background Legal consciousness theory acknowledges the known gap between law in writing and law in its everyday practical application in society. Limited research has explored legal consciousness in medical contexts, and limited knowledge exists surrounding how the intrusion of law in medical authority impacts applied medical ethics. Conflicts between law and medical ethics can be saliently observed in Sweden, where current law forcibly places physicians in a gatekeeper role in satisfying undocumented migrants' right to health care access, relying on physicians' assessments of whether patients without legal residency status should be provided 'care that cannot be deferred'. Methods In this context, the present phenomenological study sought to explore how legal terminology is experienced, understood, and applied by physicians, contextualising the perceived meaning ascribed to the imposed gatekeeper role. Qualitative interviews were conducted with 42 physicians from five major Swedish hospitals, and analysed through the lens of legal consciousness theory. Results Participants actively rejected law by taking a firm, and often collective, stance against its intrusion in their work. Rejection of law was constructed through: rejecting legal hegemony and government imposed non-medical responsibilities; perceiving professional authority and medical ethics as empowering; considering repercussions of legal non-compliance unthreatening; believing increased legal knowledge would not influence their professions' foundational role. Conclusions The study produced novel findings, contributing to the limited body of work exploring legal consciousness in medicine. Regardless of legal knowledge held, when law conflicted with foundational medical ethics, the intrusion of law in the medical profession lead to the explicit rejection of law. Findings accent the need for laws addressing healthcare access to be compatible with foundational medical ethics and principles of non-discrimination. Key messages Regardless of legal knowledge held, when law conflicted with foundational medical ethics, the intrusion of law in the medical profession lead to the explicit rejection of law. Findings accent the need for laws addressing healthcare access to be compatible with foundational medical ethics and principles of non-discrimination.

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