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Allocation of Resources Flashcards

(20 cards)

1
Q

Burke

A

No common law duty to provide treatment
E: Where a doctor has assumed responsibility for a patient’s care

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2
Q

Ex parte B & Re J (A Minor)

A

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

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3
Q

Ex parte Hincks

A

Not the court’s function to tell Parliament how to best allocate funds

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4
Q

Coughlan

A

Frustrating a patient’s legitimate expectation amounts to an abuse of power (Illegality - JR)

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5
Q

Ex parte A, D, and G

A

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)

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6
Q

Kynoch Ltd

A

Difference between a policy flexible enough to account for an exception and a rigid rule (Illegality - JR)

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7
Q

British Oxygen Co

A

An ICB must not effectively shut its ears to an application (Illegality - JR)

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8
Q

Ex parte Fisher

A

ICBs must have a justified reason for their policy to depart from National Guidance (Irrationality - JR)

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9
Q

Otley

A

Even if an ICB’s policy is rational, can challenge it if the ICB’s application is irrational (Irrationality - JR)

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10
Q

Rogers

A

An ICB must not consider the patient’s non-medical circumstances (Irrationality - JR)

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11
Q

Murphy

A

An ICB must look at the relevant circumstances:
- Individually; then
- As a whole
(Irrationality - JR)

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12
Q

Rose

A

An ICB cannot disagree with NICE’s evaluation of scientific evidence (Procedural Impropriety - JR)

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13
Q

Savage

A

Art 2 ECHR (Right to Life) is only triggered if there is an immediate risk to life

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14
Q

Condliff

A

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

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15
Q

National Health Service Act 2006, s 1(1)

A

The Secretary of State must continue to PROMOTE a comprehensive health service

Ie, no public law duty to provide medical care

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16
Q

QALY

A

Measures (Quality of life x Life Expectancy) before vs after treatment
- Used to measure cost-effectiveness of treatment

17
Q

UDHR, Art 25

A

Everyone has the right to… medical care
- International treaty ≠ Domestic law

18
Q

WHO Preamble

A

The highest standard of health is a fundamental right of every human being
- International treaty ≠ Domestic law

19
Q

NICE, Social Value Judgments 6.3

A

Patients should not be denied treatment because of their age
- Unless age is an indicator of benefit/risk

20
Q

NICE, Social Value Judgments 6.6

A

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