A HUMAN RIGHT APPROACH TO THE HEALTH CARE SYSTEM IN THE US

A Human Right Approach To The Health Care System In The US

Table Of Contents

Chapter 1: Introduction3

Background of the study3

Problem Statement3

Purpose of the study4

Rationale of the study4

Chapter 2: Literature Review6

Chapter 3: Methodology29

Research Design29

Literature Search29

Keywords30

Chapter 4: Discussion31

Chapter 5: Conclusion47

Chapter 5: Conclusion47

References51

Bibliography53

Chapter 1: Introduction

Background of the study

The health care system the United States is a state of turmoil. The last two decades have witnessed growth medical technology and the supply of physicians and allied health professionals. (Beitz, 2006) The effects of this growth have been reflected increasing expenditures for medical care. Approximately nine percent of the U.S. gross national product is currently spent with the health care Industry for professional training, development of health care facilities, medical research and the delivery of services. (Guttman, 2006)

Despite the rather large infusion of pubic and private money into the health care system, there is ongoing debate over the availability of services for all citizens. Critics of the industry point to the inequities within the delivery system which tie the availability of services to the ability to pay. Supporters point to the impressive advances m medical technology and the liberal nature of a system which allows physicians and patients the freedom to determine the level and quality of care appropriate to individual needs and desires. (World Health Organization, 2007)

Problem Statement

In the United States, the right to health care has been interpreted in essentially two ways. Under the liberal interpretation, the right to health care is taken to mean full and unencumbered access to all available medical services based on the medical needs of the individual. (Bauer & Bell, 2007)

This interpretation introduces the problem of defining needs and matching these to available resources. Three basic types of medical need may be identified: (1) needs recognized by both medical professionals and patents as requiring medical care; (2) needs identified by medical professionals but not recognized as such by patents: and (3) needs defined by the patient but not acknowledged by the health professions or the community. While each of these are a reasonable component of the total health care needs of individuals, proponents of the right to health care tend to emphasize the first two types. Problems identified only by the patient which remain undetected by medical professionals receive less attention. (Filmer et al., 2007)

Purpose of the study

The purpose of the thesis was to examine the human right approach to the health care system in the US.

Rationale of the study

The more conservative interpretation of the right to health care argues for qualified right granted patients but modified by the available resources within the health care system and the rights of physicians to control the practice of their professions. (Hamm, 2006) Under this interpretation, there IS an acknowledged right to health derived from a constitutionally guaranteed right to life and happiness. (Holmes & Sunstein 2007) Health care is seen as the preferred means to assure health. However, while the individual 1s placed under some normative obligation to obtain appropriate care, ...