What Do You Mean by a Constitutional Mandate?
To ensure that the rights granted under the Constitution are available to citizens that duty is imposed upon the State.
Even though the U.S. Constitution does not straightforwardly set forth a right to health care, the Supreme Court's decisions in the areas of the right to privacy and bodily honesty suggest the Constitution utterly provides an individual the right to access medical services at one's own expense from willing Health sectors.
“Every American has a basic human right to have access to good, affordable healthcare. The Affordable Care Act has made major progress to secure that right”
“The majority of Americans agree that the federal government has to ensure that every citizen has access to health insurance”.
The following is the America's Right to Health Care Amendment:
Section 1: Every American citizen has a right to hospitals, including care to fend off and treat illness and other medical services required to maintain the nation's physical health.
Section 2: Congress shall have the power to impose and implement this article by suitable legislation.
Medical Negligence
Medical negligence is also known as clinical negligence (and is usually referred to as medical malpractice in the United States). It occurs when a patient is harmed because of a doctor, Surgeon, Nurses, or another professional's failure to deliver a high level of practice and care.
The following examples of medical negligence may give rise to legal action:
- Failure to diagnose or misdiagnosis.
- Misreading or ignoring laboratory results.
- Unnecessary surgery.
- Surgical errors or wrong site surgery.
- Improper medication or dosage.
- Poor follow-up or aftercare.
- Premature discharge.
Features
- To provide care or treatment to the patient is a legal duty of the doctor.
- Violation of this duty by a failure of the treating doctor to adapt to the standards of the profession.
- A causal relationship exists between such a violation of duty and patient harm.
Lawsuits claiming medical negligence in the USA are usually filed in a state trial court that has authority for the case and in some other cases, malpractice claims may be filed in a federal court. Medical malpractice law is a part of civil law, rather than criminal statutes in the USA.
What is the Consumer Protection Act for Medical Services?
Consumer Protection Act provides the right to consumers to speak against improper or dissatisfaction with the medical services provided by this sector and an increase in medical malpractice cases.
Health Care Management is facing lots of complaints regarding the facilities, Hospital standards, and diagnostic methods. After the Consumer Protection Act came some of the patients filed the legal complaint against medical professionals for their negligence and have claimed and received compensation.
To assess the responsibility of service providers, consumers may find the Consumer Protection Law to be extremely helpful.
A grieving person can either file a lawsuit for compensation or complain in the consumer forum after a civil wrong has been committed. After being injured by the medical negligence of the medical providers, patients have begun to apply consumer protection law.
What is the Impact of the Consumer Protection Act on the Medical Profession?
- To take into consideration any complaint from the patient.
- In case any negligence has been committed by the Medical Professionals, action is taken against them.