A Property Right to Medical Care, Danya Bowen Matthew and Mark Earnest (2008)

Research and Journal Articles

(The following summary is excerpted from the article's abstract):
This article asserts that all Americans have a property right to receive medical care, created by the massive public investment in medical training, research, infrastructure, financing, and delivery that we make to deliver health care in the U.S. The authors answer that this investment in the public creates a public property interest in medicine as a socially funded, public good. Moreover, the investment made to create this public good obligates the state to exercise its spending power to provide equal access to basic medical care for all Americans. After examining the economic enormity of the public funds that make health care delivery possible in America, this article assesses the concept of calling health care as a public good, by comparing its features and attributes with those of other acknowledged public goods. While the fit is not perfect, the authors conclude that a legally cognizable, property interest in health care exists when medical care is viewed as a public good.