Abstract

DUQUE GIRALDO, Mateo. Proposals for the Adequate Incorporation of the Right to Try: The United States-Colombia Case. Díkaion [online]. 2020, vol.29, n.2, pp.411-440.  Epub Apr 12, 2021. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.2.4.

This research paper puts forward a set of academic proposals for the Colombian health care system’s adequate incorporation of the right to try experimental treatments conceived in the United States. It explains the differences between the Colombian and the American health models regarding access to non-conventional drugs. A comparative qualitative method is used, which, by contrasting, would provide solutions to incorporate the right appropriately into the national health model. The research concludes that, for the right to be adequately adopted, it is crucial to take out voluntary policies that ensure experimental treatments, introduce presumption of fact on patients’ economic capacity to avoid shifting the burden of proof, eliminate medical committees for the approval of these drugs-notwithstanding the fact that physicians may consult their risks and benefits with other medical bodies-, and incentivize credits and tax exemptions for insurers and manufacturers.

Keywords : Incorporating the right to try; differences between Colombia and the United States; role of patients, manufacturers, and insurers; research drugs and procedures.

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