Emerging Parallels in the American Health Care and Legal-Judicial Systems

Published In: American Journal of Law and Medicine, v. XVIII, 1 and 2, 1992, p. 73-96

Posted on RAND.org on January 01, 1992

by David Hadorn

Read More

Access further information on this document at www.aslme.org

This article was published outside of RAND. The full text of the article can be found at the link above.

Deals with the problems of discrimination when health care priorities are set, by examining parallels in the American health care system and the legal-judicial system. It suggests that, by defining legitimate health care needs, society can eliminate the need to ration necessary care. Such needs can be defined using carefully developed coverage rules, rather than the informal rules currently in place, in conjunction with the already-existing due-process methods for interpreting and implementing those rules. This work could become a basis for cooperative studies between RAND's Institute for Civil Justice and RAND Health.

This report is part of the RAND Corporation External publication series. Many RAND studies are published in peer-reviewed scholarly journals, as chapters in commercial books, or as documents published by other organizations.

Our mission to help improve policy and decisionmaking through research and analysis is enabled through our core values of quality and objectivity and our unwavering commitment to the highest level of integrity and ethical behavior. To help ensure our research and analysis are rigorous, objective, and nonpartisan, we subject our research publications to a robust and exacting quality-assurance process; avoid both the appearance and reality of financial and other conflicts of interest through staff training, project screening, and a policy of mandatory disclosure; and pursue transparency in our research engagements through our commitment to the open publication of our research findings and recommendations, disclosure of the source of funding of published research, and policies to ensure intellectual independence. For more information, visit www.rand.org/about/principles.

The RAND Corporation is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.