Simple rationality? The law of healthcare resource allocation in England

Journal of Medical Ethics 33 (7):404-407 (2007)
This paper examines the law relating to healthcare resource allocation in England. The National Health Service Act 1977 does not impose an absolute duty to provide specified healthcare services. The courts will only interfere with a resource allocation decision made by an NHS body if that decision is frankly irrational is engaged). Such irrationality is very difficult to establish. The ECHR has made no significant contribution to domestic English law in the arena of healthcare provision. The decision of the European Court in the Yvonne Watts case establishes that, in relation to the question of entitlement to seek treatment abroad at the expense of the NHS, a clinical judgment about the urgency of treatment trumps an administrative decision about waiting list targets. That decision goes against the grain of domestic law about healthcare allocation, but is not likely to have wide ramifications in domestic law.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1136/jme.2006.017905
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 27,208
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
An Integrated Approach to Resource Allocation.Louise M. Terry - 2004 - Health Care Analysis 12 (2):171-180.
Healthcare Resource Allocation and the 'Recovery of Virtue'.N. Messer - 2005 - Studies in Christian Ethics 18 (1):89-108.

Monthly downloads

Added to index


Total downloads

22 ( #226,247 of 2,164,550 )

Recent downloads (6 months)

4 ( #84,058 of 2,164,550 )

How can I increase my downloads?

My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums