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Unpublished Paper
Affordable Care and Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise
ExpressO (2013)
  • Heather N Seigler, Whittier College
Abstract
Abstract When the Affordable Care Act was initially proposed, critics initially attacked the idea as “socialist,” damaging to small businesses, a proponent of big government, etc. Supporters have celebrated the Affordable Care Act’s passing and further celebrated when the United States Supreme Court upheld the constitutionality of the Affordable Care Act in a landmark decision last term. While attention has been placed on the general fears regarding the consequences of government healthcare and its effect on the medical field (both founded and unfounded), insufficient attention has been paid to how the Affordable Care Act will affect the legal community. In this Article, light will be shed on what the Affordable Care Act planned to do regarding medical malpractice and what the final draft actually placed into law. To do so, the initial Affordable Care Act proposal will be examined, followed by the three main proponents of medical malpractice, the problems associated with those branches of medical malpractice, and what the Affordable Care Act “does” to fix them. I conclude that the Affordable Care Act as initially proposed would have effectively curtailed the medical malpractice industry’s problems, but as signed into law effectively does nothing to effectuate real change. In addition, I offer recommendations on how future laws can address the holes regarding medical malpractice that the Affordable Care Act left behind.
Keywords
  • Affordable Care Act,
  • Medical Malpractice
Publication Date
February 21, 2013
Citation Information
Heather N Seigler. "Affordable Care and Medical Malpractice--How Two Broken Health Care Systems Will Only Get Worse Without Better Compromise" ExpressO (2013)
Available at: http://works.bepress.com/heather_seigler/1/