Can Medicine Remain Ars Curandi? Structural Tensions Between Individual Rights and Healthcare System Resilience Under Conditions of Scarcity

Abstract

The study examines the growing tension between the protection of individual rights of patient and the need to maintain the resilience of healthcare systems under conditions of resources scarcity. Drawing on contemporary challenges such as public health emergencies, workforce shortages, and increasing demands on healthcare services, it explores whether
medicine can continue to fulfil its traditional role as Ars Curandi while operating within structural and financial constraints. Particular attention is paid to the relationship between physician autonomy, access to care, and collective interests in situations where healthcare resources are limited. The study contributes to the debate by conceptualizing healthcare system resilience as a legal and ethical challenge rather than merely an organizational or managerial issue. It argues that sustainable healthcare governance requires a careful balance between respect for individual rights and measures aimed at safeguarding the functioning of the healthcare system as a whole. Contemporary developments suggest that scarcity cannot be fully eliminated, but must be increasingly anticipated and managed. The quality of laws and bylaws is crucial for ensuring transparency, rationality and fairness in healthcare delivery.