HEALTH CARE SYSTEM IN THE US

A Human Right Approach To The Health Care System In The United States of America

EDY DUROSIER

St Thomas University Law School

Table of Contents

Chapter 1: Introduction3

Background of the Study3

Problem Statement3

Purpose of the study3

Rationale of the study3

Chapter 2: Literature Review3

The human right to health: a right to the 'highest attainable standard of health'3

Normative Content3

Violations3

Federal Privacy Protections For Patient Records3

What Can We Do About the Health Care System?3

Informal Care to the Impaired Elderly: Report of the Channeling Survey of Informal Caregivers3

Chapter 3: Methodology3

Research Design3

Literature Search3

Keywords3

Chapter 4: Discussion3

Health Care A Right Or Privilege3

Chapter 5: Conclusion3

References3



Chapter 1: Introduction

Background of the Study

The health care system the United States is in state of turmoil. The last two decades have witnessed significan growth in medical technology and the supply of physicians and allied health professionals. The effects of this growth have been reflected in 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.

Despite the rather large infusion of the 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 in 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.

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.

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. Under this interpretation, there is an acknowledged right to ...