The health benefits through means outside the NHS: A jurisprudential analysis of the most controversial assumptions

Abstract

This study deals with the right to health care, recognized in the article 43 of the Spanish Constitution, when it becomes effective outside the structures of the public health system. Current legislation only refers explicitly to the vital urgency as an enabler assumption joint technique reimbursement of medical expenses. But this does not seem to have resolved the doubts on the validity of refund when are other causes that motivate that health benefits are dispensed outside the NHS. To cite some examples, would I qualify a patient to see reimbursed the costs of care received in a private school when the public system will unduly which denies healthcare? What if the use of private satellite were motivated on the basis of a diagnostic error in public health services? Could refundable obtained outside health care in public health facilities when this excessive delay is attending as waiting lists? Would assume the health authorities the costs of medical care received by a person outside the NHS to oppose the treatment prescribed thereunder to their religious beliefs? As can be seen, this is an issue not without complexity due to the large case series that incorporates, justifying that case law has played a crucial role in this regard. In light thereof will be discussed in this article privileges and most relevant implications of assumptions, not so unusual, that health services are provided outside the structures arranged by the public system.