Allocation of Resources Flashcards
(20 cards)
Burke
No common law duty to provide treatment
E: Where a doctor has assumed responsibility for a patient’s care
Ex parte B & Re J (A Minor)
Courts cannot make a judgment about how resources are best allocated
Court is not placed to view competing claims, so cannot make such judgments without knowing where the resources might better be devoted
Ex parte Hincks
Not the court’s function to tell Parliament how to best allocate funds
Coughlan
Frustrating a patient’s legitimate expectation amounts to an abuse of power (Illegality - JR)
Ex parte A, D, and G
An ICB’s policy must recognise the possibility of an overriding clinical need (Illegality - JR)
Art 8 ECHR does not impose a positive obligation to provide treatment (HR)
Kynoch Ltd
Difference between a policy flexible enough to account for an exception and a rigid rule (Illegality - JR)
British Oxygen Co
An ICB must not effectively shut its ears to an application (Illegality - JR)
Ex parte Fisher
ICBs must have a justified reason for their policy to depart from National Guidance (Irrationality - JR)
Otley
Even if an ICB’s policy is rational, can challenge it if the ICB’s application is irrational (Irrationality - JR)
Rogers
An ICB must not consider the patient’s non-medical circumstances (Irrationality - JR)
Murphy
An ICB must look at the relevant circumstances:
- Individually; then
- As a whole
(Irrationality - JR)
Rose
An ICB cannot disagree with NICE’s evaluation of scientific evidence (Procedural Impropriety - JR)
Savage
Art 2 ECHR (Right to Life) is only triggered if there is an immediate risk to life
Condliff
Art 8 ECHR (Right to respect for private and family life) does not create a positive duty for ICBs to consider a patient’s non-clinical circumstances
National Health Service Act 2006, s 1(1)
The Secretary of State must continue to PROMOTE a comprehensive health service
Ie, no public law duty to provide medical care
QALY
Measures (Quality of life x Life Expectancy) before vs after treatment
- Used to measure cost-effectiveness of treatment
UDHR, Art 25
Everyone has the right to… medical care
- International treaty ≠ Domestic law
WHO Preamble
The highest standard of health is a fundamental right of every human being
- International treaty ≠ Domestic law
NICE, Social Value Judgments 6.3
Patients should not be denied treatment because of their age
- Unless age is an indicator of benefit/risk
NICE, Social Value Judgments 6.6
Patients should not be denied treatment because their condition is dependent on their behaviour
- Unless the behaviour is likely to make the treatment less effective or cost effective
