Defensive Medicine and Health Justice

Abstract

[Abstract]: The aim of this work is to unify the analysis of defensive medicine with the clinical relationship based on rights. Defensive medicine which began in the 60s and 70s of the 20th century, resurfaces in the face of clinical uncertainty and connects, surprisingly with the authors of the 70s who anticipated its dangers for the quality of care, and the allocation of the resources. It compromises the sustainability of the system and harms the individual patient and the group of patients due to overuse and its logical corollary -the underuse of clinically useful therapies-. Criminal law is considered as a driver of these practices among others. By contrast, Health Theory of Justice promotes human rights. Thus, it is necessary to account for the presuppositions of the relational perspective, in particular the meaning of health as a right, capacity and safe functioning; in order to facilitate its comparison and evaluation with defensive practice.