Covid-19, rationing and the right to health : can patients bring legal actions if they are denied access to care?

Article

GUNN, Michelle A. | MCDONALD, Fiona J.

As health providers worldwide respond to the coronavirus disease 2019 (COVID-19) pandemic, clinicians and communities are asking questions about who will be given access to scarce health care resources. While resource allocation decision-making frameworks have been developed, or adapted, to govern the unprecedented impacts of the pandemic, access to health care may, now and in the future, be restricted in ways previously unimaginable. While the broader community may accept the need for rationing, individuals denied COVID-19 or other care might look to the law to protect their interests. Clinicians may have questions about any legal consequences of denying patients access to health services. This article explores the nature of health rights in Australia and the difficulties in bringing legal cases that challenge resource allocation decisions during a pandemic or its aftermath.

https://onlinelibrary.wiley.com/doi/10.5694/mja2.50952

Voir la revue «The medical journal of Australia, 214»

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