Health, Life and Death: You Decide

Mark Hage, Law

Winstanley College

Introduction

● Law Healthcare● About healthcare “rationing “● Ethics – Deciding what the right thing to do is.● Where should the law come if not from ethics?

● What we are going to do today● Meet 3 people who need treatment – only 2 can have it● Find reasons why “your patient” deserves it● Find reasons why another patient doesn’t● The teacher will judge

Healthcare rationing is inevitable

● People keep living longer● As we live longer, we need more healthcare in a

lifetime● As societies get richer, they spend a bigger % of

national income on health● Demand is great, and funding is always finite● All public and private healthcare systems have limits● Someone has to decide limits in private insurance

schemes – private policymaking● In the UK, rationing may increase in age of austerity

Rationing is a matter of policy

● Who deserves what healthcare and why?● It’s a policy decision – made by politicians and

also the legal system, through the courts● It can be a matter of life and death● Imagine you had to make policy – how would

you decide what to do?● That’s what this session is about

3 people – only 2 can be treated

● You will hear from 3 needy cases● We only have funding to treat 2 of them● Who should be treated?● Each table will argue for one person, and against

one person● The judges hear your reasons, and then decide!● It’s time to meet the 3 people who want

treatment…

Your group work – reasons for

● Find three reasons why “your patient” should get treatment

● Note them down on flip chart sheet● Get ready with 1 minute to persuade the

judges!

Your group work – reasons against

● Discuss which of the other two patients should not get treatment

● Find up to three reasons why that “other patient” should NOT get treatment

● Choose a scribe and note down reasons on a sheet

● Get ready with 30 seconds to persuade the judge!

Feedback - The woman who wants a baby: the case for and against

● Supporting table - 1 minute with reasons in favour

● Anyone against? Give your reasons against

Feedback - The man with lung cancer:the case for and against

● Supporting table - 1 minute with reasons in favour

● Anyone against? Give your reasons against

Feedback - The man who wants a jab in the eye: the case for and against

● Supporting table - 1 minute with reasons in favour

● Anyone against? Give your reasons against

What do you conclude from that?

● Do deserving cases matter?● Should it matter if you can pay for yourself?● Who should make these decisions?● Is it a matter for elected politicians and the

law?

What do others say and do?

● What do the economists say?● What do philosophers and ethicists say?● Who makes these decisions in England?● No easy answers: everyone finds it difficult

Let’s hear what our judge says…

Before you go

● Thanks to:● Our actors● Our judge● And to you