The bill of rights includes the right to an attorney. That's a resource allocation.
Amd it's not the greatest example of rights-in-action if you ask me. Often such counsel is overloaded and just tries to negotiate a plea deal rather than provide a robust defense.
You don't have to wait until the courts strike down your public-defender system for being wholly inadequate, for example, you can properly fund the system in the first place and then the courts won't be legislating it.
"standard of care" is the term that comes to mind. And yes, like all human systems there will be disagreements about what that standard should be, and some system for resolving those, and in a handful of cases people will receive unfavorable outcomes. The point is to act to minimize those outcomes and provide high-quality care to as many people as possible.
The alternative is having those arguments with your insurance company, and you will lose. The death panels exist, they always have, and they are held in a building with "Aetna" on the side.
I am not saying there will be no arguments. I'm just saying we shouldn't hammer out the details of a medical system in the courts.
The number 1 reason for personal bankruptcy are medical bills, and medical malpractice suits are extremely common as well.
You can't just show up whenever and get an attorney. You only get an attorney when the government is prosecuting you.