Abstract

VELAZQUEZ TAMEZ, Laura Elizabeth. Analysis of defensive medicine in the light of the right to health with a focus on human rights. Prolegómenos [online]. 2022, vol.25, n.50, pp.49-63.  Epub Mar 24, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.5702.

Defensive medical practice is a multifactorial problem in many countries and requires a transdisciplinary approach. This article presents a legal approach. The aim is to analyze how defensive medical practice can hinder the right to health and what aspects are essential to reverse this trend. It is based on the criteria established by the World Health Organization (WHO) to evaluate the right to health in countries and the Human Rights Based Approach to Health. In addition, some references to Mexican laws are presented. This is documentary research with a qualitative approach. It proposes, based on the concept of health based on human rights, that the State should strengthen health systems and ensure that those who provide health care services act following these principles. It discusses how adherence to lex artis by physicians means for the State to comply with these criteria and those enshrined in the right to health and for physicians to distance themselves from defensive medicine in favor of strengthening health systems. This article raises the complexity of a phenomenon that transcends medical ethics, where the analysis of defensive medical practice is traditionally located.

Keywords : human rights; right to health; health legislation; medical personnel.

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