Rationing Expensive Lifesaving Medical Resource

66 Pages Posted: 23 Jun 2020

See all articles by Maxwell Mehlman

Maxwell Mehlman

Case Western Reserve University School of Law

Date Written: 1985


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

Suggested Citation

Mehlman, Maxwell, Rationing Expensive Lifesaving Medical Resource (1985). 1985 Wis. L. Rev. 239, Case Legal Studies Research Paper - 1985, Available at SSRN: https://ssrn.com/abstract=3628654

Maxwell Mehlman (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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