ARTICLE: RARE DISEASES AND RESOURCE ALLOCATION POLICY: THE ROLE OF CANADIAN LEGALAND ETHICAL NORMS Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2016 U.B.C. Law Review Society
U.B.C. Law Review

ARTICLE: RARE DISEASES AND RESOURCE ALLOCATION POLICY: THE ROLE OF CANADIAN LEGALAND ETHICAL NORMS

August, 2016

The University of British Columbia Law Review

49 U.B.C. L. Rev. 789

Author

TIMOTHY CAULFIELD & MAEGHAN TOEWS +

Excerpt

I. INTRODUCTION
 
Rare diseases have long caused profound health policy challenges, 1 particularly in the context of decisions around the allocation of health care resources. Rare diseases are generally understood to be those affecting less than 1 in 2,000 people. 2 Due to the relatively small market size, among other reasons, 3 the therapies are often tremendously expensive. 4 This makes decisions regarding funding difficult, particularly in the context of a publicly funded healthcare system. As a result, jurisdictions throughout the world have implemented policies on how to evaluate emerging science and support the equitable provision of therapies. 5 In Canada, there has been a good deal of recent activity to develop both evidence-based reimbursement policies and a comprehensive national strategy for rare diseases. 6

While much progress has been made, 7 many issues associated with resource allocation in the context of rare diseases remain. One area that has received little attention, particularly in Canada, is the impact of legal norms on allocation policy. Much has been written about the way in which legal pressures and ethical obligations can impact physician behaviour and utilization decisions. 8 Given that physicians will play a critical role in deciding which patients will receive a particular resource, understanding how these pressures and obligations may play out in the context of rare diseases seems essential.

In this paper, we review the literature on how legal and ethical norms can influence physicians and clarify what the relevant law and ethical obligations require of physicians ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities