Medical malpractice refers to a situation in which a healthcare provider deviates from the correct medical standards, resulting in the patient’s injury or death. This can arise due to an incorrect diagnosis, inadequate treatment or aftercare, or an error in health management. While taking legal action against healthcare providers that fall short of performing their duties has always been an option for patients who believe they have been treated with negligence, it might be that the number of lawsuits will be on the rise in the future.
OverturnÂ
In June 2022, the Supreme Court voted to strike down the Roe v. Wade landmark decision, which protected a pregnant individual’s right to abortion. The decision was met with a polarized response from the general public. While many supported it as a humane, ethical choice, just as many saw it as a step back for gender equality, bodily autonomy and human rights. Some argued that the decision was also against religious freedom. In particular, Jewish spiritual leaders have said that according to traditional law, life begins at birth and not at the time of conception. As such, women must choose between their religious beliefs and state laws.
Even at the time when it occurred, many estimated that the decision to undo approximately fifty years of precedent would come with extensive ramifications. Chief among them was the change in status for women, with many seeing the move as a loss of fundamental rights, as well as the constitutional protection of the individual.
Legal Help
With the procedure prohibited in several US states, many women became out-of-state patients. New York has become one of the most common destinations for many. Abortion has been legal under New York law since 1970, a full three years before Roe v. Wade. As it is codified within the State law, the federal decision cannot impact New York. The clarity of the statutes and the accommodating systems attracted many prospective patients.
New Jersey is in a similar position, as the Supreme Court decision is not set to overturn access in the state. However, many have started looking for a New Jersey Medical Malpractice Lawyer, as rights don’t always equal service. There are several barriers, including affordability, insurance coverage, and the availability of providers, that might push the procedure out of reach. In cases such as this, the patients need to discuss with a legal professional to know their rights as well as have a better understanding of the law.
Raise in lawsuitsÂ
The restrictions associated with pregnancy terminations are likely to create more malpractice lawsuits, especially as physicians refuse to carry out the procedure even in case of life-threatening complications out of fear of punitive measures such as legal repercussions or loss of medical license. The reason for that is quite simple. Since the treatments have become accepted as part of the standard of care, failure to carry them out translates as unsound and substandard, increasing the probability of liability and legal accountability. However, others have claimed that most judges would likely dismiss the cases. Since the law is clear, the possibility of receiving compensation as a patient appears rather thin.
As the overturn is a relatively new occurrence, the long-term implications will take longer to fully materialize.
