Criteria for allocation of life-saving resources during the SARS-COV-2 pandemic: ethical implications and aspects of legal liability

Annali dell'Istituto superiore di sanita

article

Gambino Francesco¹  Petrini Carlo²  Luciana Riva³ 

[1] Department of Law, University of Macerata, Piaggia dell'Università;Bioethics Unit, Italian National Institute of Health;ISS

关键词: allocation of resources;    COVID-19 pandemic;    medical liability;    selection criteria;   

DOI  :  10.4415/ANN_21_02_01

学科分类：社会科学、人文和艺术（综合）

来源: Istituto Superiore di Sanita

【 摘 要 】

The issue of political, institutional and professional liability in the context of the SARS-COV-2 pandemic is currently widely debated and involves several levels of investigation. One crucial aspect relates to the allocation of life-saving resources in situations where there is an imbalance between need and availability and the associated questions of ethical and legal liability. This work looks at the implications of the criteria applied to rationing under extraordinary conditions and the issue of their legitimacy. Considering the European scenario, we describe the approach taken by Italy in proposing criteria for pandemic triage of intensive treatment and highlight certain problems and critical issues. We emphasise that the decision, based on a comparative assessment, to deny treatment to a patient in critical condition, compromising that patient’s right to care, exceeds the scope of decision-making autonomy of the professional concerned and requires a theoretical and procedural definition shared at multiple levels of society.

【 授权许可】

CC BY-NC-ND