Justice, the Constitution, Statute law and the Common law: Scenario
- An indigent patient requires a new form of life-saving medication, because the common generic she presently uses is no longer effective. She presents at a public hospital, but is informed that the new medication is not available in State hospitals because it is too expensive. If she wants the new drug she will have to approach a private practitioner or hospital to give her a prescription, and pay for it herself. The patient is poor and cannot afford to do so.
- Is the State hospital’s policy of not treating her case as ‘exceptional’, and providing her with the new medication, ethically and legally correct? Why or why not?