ABSTRACT

America is a capitalistic culture where a free market means an entity can charge for a product or service whatever the marketplace will bear. However, due to increasing health care costs, the U.S. government has limited the capitalistic efforts of many health care organizations. Medicare developed a prospective payment plan that did not rely on an individual hospital’s fee for services, but instead determined the appropriate length of stay and compensation nationwide. With its impact on health care professionals’ education and licensure, health care institutions’ policies and procedures, as well as reimbursement rates, the federal and state governments directly impact 21st century health care access and delivery. Furthermore, through the FDA, research, development, marketing, and sales of prescription drugs and medical devices are regulated and approved or rejected. However, while governmental regulations and requirements have financially impacted almost all types of U.S. health care organizations, there are almost no federal policies that limit medical malpractice awards and the resulting malpractice attorneys’ capitalistic gains.