Attached is a copy of my week 3 assignment, I have also included my completed week 1 & 2, which they should be used to complete week 3, please review all of the document and advise if you can assist
Ethical and Legal Considerations and Covid-19
Student’s Name
Institutional Affiliation
Ethical and Legal Considerations and Covid-19
Previous Resource Allocation Ethical Considerations
As COVID-19 response create financial pressures in hospitals, the ethics of proper resource planning take a central position. The aim of any hospital management is to allocate resources fairly, but unfortunately, determination of what is “fair” is an issue of debate. The need for healthcare services surpasses affordable provision by health care systems across the world making resource allocation considerations vital. Resource allocation becomes an ethical issue as its application involves matters of justice (Emmanuel et al., 2020). It is in every stakeholder’s interest to apply ethical decision making in every situation as it shows consideration for the interest of those affected by the decisions.
The increasing number of COVID-19 patients is also increasing the number of patients who need intensive care and ventilator support. When the number of patients who require care exceeds the provisioned capacity of healthcare systems, health care professionals will face a legal dilemma of healthcare rationing. Doctors in the United States could be charged in courts for rationing health care. Treating every patient is a matter of ethics and law even where survival chances appear uncertain (Emmanuel et al., 2020). However, in a pandemic situation, health care professionals could consider applying the principles behind triage and prioritize patient care to those who have the highest odds of surviving. The questions to answer are; what is fair resource allocation? Is healthcare rationing justifiable?
Ethics of Random Allocation
The COVID-19 pandemic is resulting in an unprecedented demand for health care, particularly critical care. The increase in demand is forcing health care providers to change staffing models raising the ethical concern of placing some staff in unfamiliar fields. Health care facilities are creating specialized roles such as ‘intubating teams’ and other personnel being relocated from clinical specialties in other departments to the acute care setting. Health care professionals are placed to deliver interventions in care settings that pose a significant risk of contracting COVID-19. The risk is high in acute care as critically ill patients carry the most concentrated particles.
In a pandemic scenario, the question of whether the ‘obligation to treat’ is enough consideration to require health care professionals to discharge their duties even when doing so presents a considerable risk of harm to them. To the obligation to treat, health care providers must be flexible as it may require them to work in locations outside their regular practice. The necessity for redeployment or harm avoided must be analyzed carefully and communicated clearly to those affected by the changes (Mannelli, 2020). A prioritization exercise is ethically essential because it is likely to impact patient care in other areas not related to COVID-19. Health care planners should answer two questions; do health care professionals have a duty to treat COVID-19 patients? Does the obligation to treat override the safety of health care workers?
Ethics of Decision and Priority Resource Access
Investments in health care systems aim to reduce or eliminate public health risks. However, some health risks are more significant than others, and resource allocation must respond to these risks. The process of resource allocation may also determine who faces the risk. The efficiency brought about by resource allocation is not only of economic importance but also of ethical importance. A more efficient health care system means it can deliver more health care benefits per dollar invested compared to the less efficient system (Emmanuel et al., 2020). First responders and health care workers in a pandemic can justifiably be prioritized when allocating resources because of their contribution to the entire process of fighting the health pandemic.
Although the principle of first come, first served is primarily applicable in allocating health care resources, the principle may not be appropriate in a pandemic scenario. In practice, it is highly likely to allocate more resources to the most vulnerable populations (Mannelli, 2020). When administering vaccines, younger populations who might be at the lowest risk should have low priority, but if they become sick, then the situation changes. Balancing utility and the principle of priority should be considered. Providing resources to the benefit of many people may sometimes exclude those at the highest risk. Two fundamental questions in this aspect are; should priority be given to the worst of population? And, what costs are essential in cost-effectiveness analysis?
Running Head: LAW AND ETHICS IN COVID-19 PANDEMIC 1
LAW AND ETHICS IN COVID-19 PANDEMIC 2
Reference
Emanuel, E. J., Persad, G., Upshur, R., Thome, B., Parker, M., Glickman, A., … Phillips, J. P. (2020). Fair Allocation of Scarce Medical Resources in the Time of Covid-19. New England Journal of Medicine. doi: 10.1056/nejmsb2005114
Mannelli, C. (2020). Whose life to save? Scarce resources allocation in the COVID-19 outbreak. Journal of Medical Ethics. doi: 10.1136/medethics-2020-106227
Instructions
Before beginning work on this assignment, please review the expanded grading rubric for specific instructions relating to content and formatting.
At this point you have chosen three cases and summarized each to fulfill assignment requirements. You have also listed all ethical and legal considerations for each case. It is now time for you to choose one of the three cases to examine more closely. Research critiques of your case and issues on both sides of the argument that your case is making. Provide a summary of three critiques, including citations for each. Be sure to include an assessment of the validity of the arguments for or against your case in each critique.
Use the following to help guide your approach:
Sabatino, C. (2016). Overview of legal and ethical issues in healthcare. Retrieved from https://www.merckmanuals.com/home/fundamentals/legal-and-ethical-issues/overview-of-legal-and-ethical-issues-in-health-care
To support your work, use your course and textbook readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Submissions Detail
· Your assignment should be addressed in an 8- to 10-page document.
· Submit your documents to the Submissions Area by the due date assigned.
Law and Ethics in COVID-19 Pandemic
Student’s Name
Running Head: LAW AND ETHICS IN COVID-19 PANDEMIC 1
Institutional Affiliation
Health Care Ethics and Covid-19
Previous Resource Allocation Ethics
Different ethical frameworks allocate resources during pandemics (Hübner et al., 2020). These frameworks are useful in guiding the present health situation of COVID-19. However, the application of ethical frameworks should take into consideration the pandemic stage, health care resource type, and context of the health care system. Should the allocating resources for COVID -19 utilize previous frameworks for control of influenza pandemics is an ethical question that needs clarification? The reason for exploring the application of ethical principles and allocation of resources in COVID-19 is due to the various contextual circumstances and decisions required in resource allocation for different pandemics. For instance, COVID-19 is known to have significant implications on those aged beyond sixty years, an essential characteristic for prioritizing the COVID-19 resource allocation.
The legal framework governing resource allocation in COVID-19 includes the obligation of hospitals in the provision of health care to everyone needing their services, which is dependent on illness severity (DePergola, 2020). For instance, the NRW, section two of the hospital design act, stipulates the health care worker’s obligation in the treatment of patients. Additionally, hospitals are also under the obligation to complete treatment on their patients following the obligation contract for monopolistic positions on individual case circumstances. Also, according to section 7 of MBO-A, individual doctors are legally obligated to treat ill individuals during emergencies.
Ethics of Random Allocation
LAW AND ETHICS IN COVID-19 PANDEMIC 5
The ethical and legal considerations for medical countermeasures consisting of personal protective equipment and therapeutics may be different. Therefore exploring the different values
and principles that apply for PPE, vaccines, and therapeutics should help in justifying their use in the control of the COVID -19 pandemic (Hübner et al., 2020). For instance, the discovery of an effective and safe vaccine should prioritize its application within populations at the highest risk and health care workers. The ethical question that needs clarification is whether utilization of random allocation is justified with limited medical resources in a given group assuming the recipients receive equal benefits within that group. However, the allocation of resources may be different from the use of ventilators, with some individuals receiving more benefits than others.
In circumstances where the needs of patients affected with Covid-19 exceeds that of the available scarce resources, conflict of duty, and emergency is justified (DePergola, 2020). For instance, with the spread of COVID-19 in many countries, the intensive care patient population is likely to exceed the in-patient care at various hospitals. Therefore, in emergencies where medical practitioners sacrifice the life of an individual for the benefit of the other person may lead to the death of one due to withdrawing ventilation. Hence killing a person by omission presents legal implications stipulated in section 212 of the criminal code.
Ethics of Decision and Priority Resource Access
The principles of equality, utility, and risk are useful in deciding individuals that need high priority for the access of limited resources (Hübner et al., 2020). The equality principle states that every individual should receive equal treatment unless there is enough evidence to justify differential resource prioritization. Also, an individual’s characteristics, such as gender, ethnicity, race, should not serve as the foundation for differential resource allocation. The utility principle justifies resource allocation according to the provision of benefits and the ability to cause no harm. The reason for exploring principles of risk, utility, and equality is necessary for understanding population, which requires urgent allocation of scarce resources. For instance, in case of short supply of vaccines and PPE for COVID-19 pandemic, presents an ethical question for health care workers and individuals with severe illness.
For the successful treatment of COVID -19 patients, the decisive criteria recommendations include comorbidities, disease severity, and general state of patients (DePergola, 2020). However, in cases where there is a shortage of funds, doctors take into consideration the age, cost-effectiveness, social contribution, and medical criteria. The general, equal treatment implemented by the central ethics committee rules out age differentiation; however, two legal aspects need sufficient explanation. For instance, regulations prohibiting the unequal treatment of individuals on account of disability, race, and ethnicity needs additional clarification as stipulated under section 33c of social code. Also, regulations on unequal treatment due to age require further amendments to cater for equal treatment
References
DePergola, P. A. (2020). Ethical Guidelines for the Treatment of Patients with Suspected or Confirmed Novel Coronavirus Disease (COVID-19).
Hübner, J., Schewe, D. M., Katalinic, A., & Frielitz, F. S. (2020). Legal Issues of Resource Allocation in the COVID-19 Pandemic-Between Utilitarianism and Life Value Indifference.