Looming Supreme Court Healthcare Ruling: Could it Hurt Patient Safety Reforms?

Looming Supreme Court Healthcare Ruling: Could It Hurt Patient Safety Reforms?

The U.S. Supreme Court is set to release its ruling in the next week or two in the landmark case regarding the constitutionality of the Affordable Care Act (so-called “Obamacare:).

As a New York medical malpractice lawyer I appreciate the significance of the decision, not just as a legal precedent but a decision that will affect healthcare options for many local residents.

The case was hotly contested, and it remains unclear how the court will ultimately rule.

Court | DiPietro Law Firm

The entire bill could be tossed out, the “individual mandate” section may be removed, or the entire law could be upheld.

Age-old constitutional law issues are at the root of the legal challenge, with some arguing that the law represents an overreach of federal government power into policy arenas not allowed by the constitution.

Yet, beyond the constitutional question, it is important not to lose sight of the practical effects that the decision may have on care received by all New Yorkers.

Table of Contents

Will this ruling affect patient safety and quality of care?

Many have voiced concern about loss of vital patient safety rules if the law is struck down, in whole or in part.

The Affordable Care Act includes:

  • Provisions for a new Center for Quality Improvement and Patient Safety;
  • More reporting of infections, injuries, and mistakes in hospitals; and
  • Incentives for doctors and other providers to improve patient care

This is aside from the central issue of the 50 million Americans who are uninsured and need health care.

A recent Scientific American story delved into these issues, profiling various advocates on the potential consequences of the Court’s ruling on patient safety.

Many worry that the important safety requirements in the bill will be lost if the measure is rejected by the Court.

New York City medical malpractice attorneys appreciate that culture changes at medical institutions are rare and never come easily.

Without strong direction at a federal level, vital safety steps at many of these institutions will never be taken.

It would be a tremendous loss if reporting requirements and other safety measures were tossed out by the Court.

In addition, when uninsured people use emergency rooms as their only medical care, the overcrowding affects the emergency care that all patients receive.

Hospitals are designed to be a place of last resort for genuine emergencies, so the current system may adversely affects the quality of patient care overall.

Preventative care is often less costly (and less risky) than emergency treatment.

Limiting emergency care, therefore, is itself an important way to minimize medical errors.

Some patient advocates argue that it is incumbent upon policymakers to focus more on patient safety in addition to expanded access to medical care.

Without tackling the underlying medical malpractice issues, more people will get medical care, but they will also be exposed to infections and overtreatment and medical errors.

If the Court strikes down some of the bill, they argue, then the opportunity should be used to focus even more intently on patient safety instead of expanded access to insurance.

What do you think?

This is obviously a pivotal national issue.

Strong opinions on the law and likely court ruling are easy to find.

What do you think about this debate on the Affordable Care Act impacting patient safety?

Are you concerned about how the Supreme Court’s decision will affect your own medical care?

Frequently Asked Questions

Join the Discussion

Leave a Reply

Do You
Have A Case?

Here, at The DiPietro Law Firm, we’re committed to helping victims of sexual abuse and assault find the justice they deserve.

All information discussed during our consultations always remains completely 100% confidential.

Would you like our help?

About Anthony T. DiPietro

Founder Anthony T. DiPietro, Esq. is a compassionate and skilled trial attorney who has completely dedicated the past 23 years of his career to litigating medical malpractice and sexual abuse cases against major corporate institutions including hospitals, medical clinics, schools, and other wrongdoers.

Mr. DiPietro has also obtained some of New York State’s highest verdicts and settlements, and has been selected to New York State Super Lawyers® each year, for the past 10 years in a row.

In 2022, Mr. DiPietro was selected as one of America’s Top 100 High-Stakes Litigators for the landmark cases he’s won on behalf of survivors of sexual exploitation and abuse.

Verdicts & Settlements
Recent Posts

Do You
Have A Case?

Here, at The DiPietro Law Firm, we’re committed to helping victims of sexual abuse and assault find the justice they deserve.

All information discussed during our consultations always remains completely 100% confidential.

Would you like our help?

Related Articles

Cases We're Currently Litigating

Years of Abuse:  1987 – 2016

Brief: 

Robert Hadden, a disgraced Obstetrician-Gynecologist (OB/GYN) who worked for Columbia University and NewYork-Presbyterian Hospital, was criminally convicted in 2016 of sexually exploiting and abusing patients under the guise of medical care.

Hadden used his position of authority and trust to sexually exploit women and girls for nearly three decades as a Columbia University physician.

All the while, Columbia University and New York-Presbyterian Hospital administrators turned their backs and ignored reports of Hadden’s abuse, gaslighting patients and the public.

Read More:

Years of Abuse:  1979 – 2022

Brief: 

David H. Broadbent is a former OB/GYN under criminal investigation and facing civil lawsuits for sexual abuse of patients.

Broadent worked at multiple medical facilities in the Provo, Orem and Salt Lake City, UT areas.

These facilities included Intermountain Healthcare’s Utah Valley Hospital, MountainStar Healthcare’s Timpanogos Hospital, other Utah health care providers, and he also had adverse action taken against his medical license back in 1990.

Read More:

Years of Abuse:  1961 – 1996

Brief: 

22 predator teachers and administrators, over the course of 35 years.

Free Consultation Helpline

If you have any questions about whether or not you have a case, or just want to obtain more information about what you’ve experienced – feel free to contact us through our secure website chat.

You can also contact us by calling us at (212) 233-3600 or toll free at (800) 215-1003.

All of our consultations are free and 100% confidential. Thank you.