Do Americans Have a Right to be Protected from Wrongful Death?

Abstract

One could be lost in the debate of what is a right in the United States.  The terms constitutional, unalienable, liberty rights, negative constitution, entitlement, natural rights, and so forth, could be stretched to mean something different to everyone.  If one asks a room full of people: “do Americans have a right to healthcare in the U.S. just like citizens of other countries have a right to universal healthcare in their countries?”, the room will explode into debate, with some pulling to protect their best financial interests and others advocating for patients, further dividing the mix between administrators and clinicians.  This is to be expected when a country's healthcare system continues to transition into a business model based on corporate and marketing theories and principles.  

Some claim the right to "life" outlined in the Constitution does not equate to a constitutional right to healthcare in the U.S.[1]  However, without health, there is no life, and no other guaranteed right matters.  Perhaps, we are asking the wrong question.  The question we should be asking is: do Americans have a right to be protected from wrongful death?

[1] Article:  State Constitutionalism and the Right to Healthcare, 12 U. Pa. J. Const. L. 1325