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Health technology appraisal and the courts: accountability for reasonableness and the judicial model of procedural justice

Syrett, Keith 2011. Health technology appraisal and the courts: accountability for reasonableness and the judicial model of procedural justice. Health Economics, Policy and Law 6 (4) , pp. 469-488. 10.1017/S1744133110000228

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Abstract

Recommendations issued by agencies undertaking appraisals of health technologies at the national level may impact upon the availability of certain treatments and services in some publicly funded health systems, and, as such, have regularly been subject to challenge, including by way of litigation. In addition to expertise in the evaluation of evidence, fairness of procedures has been identified as a necessary component of a claim to legitimacy in such circumstances. This article analyses the assessment of courts in three jurisdictions of the fairness of decision-making by such agencies and evaluates the judicial reading of procedural justice developed in this particular context against the conditions of ‘accountability for reasonableness’.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Additional Information: Pdf uploaded in accordance with publisher's policy at http://www.sherpa.ac.uk/romeo/issn/1744-1331/ (accessed 25/02/2014).
Publisher: Cambridge University Press
ISSN: 1744-1331
Date of First Compliant Deposit: 30 March 2016
Last Modified: 04 Jun 2017 04:27
URI: http://orca.cf.ac.uk/id/eprint/39444

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Cited 18 times in Google Scholar. View in Google Scholar

Cited 21 times in Scopus. View in Scopus. Powered By Scopus® Data

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