Abstract

In this Article, Professor Mehlman examines the possible systems for rationing expensive lifesaving medical technologies. First, he concludes that the costs of any rationing system probably exceed its benefits. Consequently, he rejects the rationing of expensive but available lifesaving medical technologies. Second, he argues that the increased availability of the technologies and the recent expansion of patient rights to sue will result in a substantial number of judicial challenges to rationing. Finally, he suggests detailed criteria to aid the courts in deciding whether a resource has been improperly rationed.

Keywords

Rationing

Publication Date

1997

Document Type

Article

Place of Original Publication

Wisconsin Law Review

Publication Information

1985 Wis. L. Rev. 239

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COinS Maxwell J. Mehlman Faculty Bio