While controversial, the Patient Protection and Affordable Care Act, better known as “Obamacare,” has changed the way professionals and patients look at health care. New Jersey residents with an interest in health care are aware that the thrust of Obamacare is partially to reward a higher caliber of treatment while maintaining watch for care that falls below a set standard. This philosophy could have sweeping ramifications in cases of medical malpractice.
For instance, some people have put forward the notion that surgeries and other complicated procedures in which a patient is not conscious could be videotaped for posterity. This idea is supported by a recent study in which it was discovered that gastroenterologists were more thorough in conducting colonoscopies when they were informed colleagues would be reviewing their work. However, the legal implications of such a move are complicated.
While it has been suggested that videotaping procedures would provide critical evidence in medical malpractice cases, some medical professionals fear the existence of such evidence would open them to too much scrutiny from the legal sector. Additionally, the Catch-22 is the so-called “formal review process” such tapes would be required to be a part of. This means that the very existence of these tapes would require stipulations to keep them from being used as evidence in court.
Medical malpractice is a very serious allegation, in New Jersey and elsewhere in the nation. Such a claim can sometimes lead to the revocation of medical licenses, which means the health care system will naturally be opposed to introducing safeguards like videotaping procedures. However, with even more health care reform on the horizon, it is possible prevailing attitudes will change. Regardless, patients facing medical procedures are encouraged to do so with a full understanding of their rights and of their legal options should malpractice become an issue.
Source: northjersey.com, “Why not record your operation?” Ford Vox, May 28, 2013
