Something Is Rotten in the State of Healthcare: Accountability, Affordability, and the Court of Public Opinion

Authors

Abstract

Many countries worldwide recognize a right to health and provide legal recourse for securing that right. By contrast, for many Americans, there is no legal right or remedy that enables them to access healthcare if they cannot afford it. While there are some statutes and measures in place, such as the Emergency Medical Treatment and Active Labor Act (EMTALA) and Medicaid, coverage remains piecemeal and access to healthcare is not guaranteed. Conditioning people’s access to healthcare upon their ability to pay violates the foundational bioethical principle of justice. In the United States, individuals and advocates use social media to fill this vacuum, raising awareness and funds through platforms like GoFundMe and X.com (formerly Twitter). In the absence of government-provided healthcare or a right to health, the American public sometimes functions as a healthcare access mechanism via social media. However, this insufficient and inequitable stopgap cannot replace effective governance. The public is filling a vital and unmet need through social media advocacy, but there are many drawbacks to effectively delegating this authority to the public instead of the government, including the public’s capriciousness and lack of legal accountability. The government should take proactive steps to ensure that healthcare is more affordable and accessible.

Citation

Something Is Rotten in the State of Healthcare: Accountability, Affordability, and the Court of Public Opinion, 25 Duke Law & Technology Review 88-115 (2024)