Pandemic Crisis: Judgment Between ‘Life and Death’

On 10 November 2022 the German parliamenthas passed the bill proposed by the current government As a result, provisions to cover elective inpatient treatment.epidemic crisisto the Federation’s Advisory Council for further consideration and dissemination

Legislation to protect the choice of treatment for patients during the epidemic crisis arose after the Federal Constitutional Court of Germany ruled on December 16, 2021 for the legislative branch: parliament which is an organization under the constitution must be constitutionally bound to act as insuranceEqualityof persons under the law

This duty, the court is of the opinion, is not just the enactment of the law to achieve equality. But including legislating to prevent inequality ordifferentiatealso

The reason for the decision of the Constitutional Court caused byat a disadvantageaA person with a disabilityjointly sue to court that In the situation of the COVID-19 epidemic The group is a person who is at risk of having adverse effects. or damaged by the selection processtreat the patient (Triage) at birthmedical emergency

Patient selection or triage is the process by which doctors select or classify patients. To set a priority order in providing medical care Triage is a word that has its roots in the French word “trier”. which means sort (sort) or select (select) The term was originally coined by military medicine. But now it is used in emergency medicine or civilian medicine as well.

Under normal circumstances, Triage is important to help prioritize the most effective treatment. But in critical medical conditions For example, in an epidemic situation where medical resources are limited. The patient selection process, or triage, may involve choosing which patients will be treated, which may involve choosing who has the best chance of survival. And who doesn’t get such an opportunity?

These cause concerns for people with disabilities and people with disabilities. Because they fear that their disability will put them at a disadvantage if they are faced with the process of choosing or allocating medical resources in a critical situation.

They were of the opinion that the Triage process does not currently have a legal framework that defines a specific approach. Only scientific advice developed for doctors.

whenThere are no laws to prevent or mitigate potential risks.from blatant discrimination and the legislative branch failed to enact such legislation. considers that the legislative branch is acting inconsistently with the constitution

The Constitutional Court agreed with the indictment. and the legislative branch is bound by judgment when enacting legislation. to prevent damage toA person with a disability fromThe process of selecting patients for treatment or Triage immediately

Therefore, the origin of the law is to protect the choice of treatment for patients during the epidemic crisis. Passed by the German parliament last week.

provisions in such matters which are part of the epidemic prevention law (Infektionschutzsgesetz) are important to prevent disadvantage and reduce the risk of discrimination.

The provisions contained in the law clearly state that No one should be disadvantaged by making medical allocation decisions inepidemic condition due to disability level of vulnerability, age, ethnicity, religion or belief, gender or sexual orientation

In a rapidly spreading epidemic situation Until the capacity to treat patients is insufficient or a medical emergency Decide who should have access to treatment resources or select a patient for treatment.

Doctors must make decisions based only on the patient’s current probability of short-term survival. Such assessments are not allowed to be weighted on disability. Any level of vulnerability, age, ethnicity, religion, worldview, gender or sexual orientation.

The law also establishes procedures for carrying out selection or allocation of treatment. This must be a decision made by at least two specialist doctors. trained in intensive care medicine He has many years of experience in intensive care and patient assessment must be based on independent allocation decisions.

Supporters of such laws see that this provision will reduce the risk ofdifferentiatein the epidemic crisis At the moment, it is not over yet and it is a preparation in case of an epidemic crisis in the future. It also helps the doctor to make decisions underlegal frameworkwhich is clearinsuranceof the patient

However, some disagreements on the content of the provision, especially some doctors, consider it The application of such laws in real situations creates a complex and difficult process. in practicemedical treatmentRepeated checks are necessary for the treatment to be successful.

These are the work processes that are practiced by practicing as a doctor. Such legislation is unnecessary and excessive control is terrible.