The Right to Health as a Stimulus for Innovation

Résumé

Professor Wallrabenstein examines the right to extraordinary health care treatment in the German public and private health care system. The article shows that the right to health, in the jurisdiction of the German Constitutional Court, can be understood as counterbalance to the efficiency oriented innovation incentives in the given structures as it allows reimbursement for new treatment methods regardless of their efficiency at least in the field of death threatening diseases.