The constitutional rights of patients in medical malpractice cases are often overlooked. Medical malpractice patients constitutional rights are very important for patients living in the United States. It is critical for patients, juries, and the public to appreciate that restricting a patient’s constitutional right to confront negligent hospitals and doctors harms every American.
First, the patient (or their family) is deprived of adequate compensation to make up for the harm caused by the malpractice. If a patient or their families cannot obtain compensation to fix the harm caused, then, in many instances, every taxpayer pays the bills for the injured patient or her/his family. Imagine, a patient that becomes disabled as a result of a doctor’s medical malpractice will have to live off of Social Security disability if they cannot be compensated for the loss of their income by the negligent doctor.
Second, a significant jury verdict sends a message to all healthcare providers that the public will not tolerate negligent healthcare. If a hospital or doctor never hears a jury of their peers tell them that they were negligent, then America’s healthcare providers can continue to commit malpractice with impunity.
It is only when a jury’s voice is heard and that voice financially affects the negligent healthcare provider will healthcare outcomes in our country improve.