Science and rights: the ‘clinical reasoning’ within health needs assessment

Abstract

In legal studies, an analysis of the relationships between the ‘clinical reasoning’ and the rights of patients, involved in the care relationship, has not so far received due attention. In this vacuum, both for scientific and legislative scope, supranational and national judges have responded effectively. The considered case law delineates the contours of some social rights to health that have the ability to structure the care relationship in a consistent way, by clarifying the various facets of medical autonomy (not regarded as self-serving) and that of the patient.