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.
Place of Original Publication
Wisconsin Law Review
1985 Wis. L. Rev. 239
Mehlman, Maxwell J., "Rationing Expensive Lifesaving Medical Resources" (1997). Faculty Publications. 414.