Abstract

http://ssrn.com/abstract=1335342
 


 



Principles and Practice of Legal Triage During Public Health Emergencies


James G. Hodge Jr.


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Evan D. Anderson


Center for Public Health Initiatives, University of Pennsylvania; Temple University - James E. Beasley School of Law

January 30, 2009

New York University Annual Survey of American Law, Forthcoming

Abstract:     
Legal preparedness is an essential component of emergency response. One of the most significant and under-appreciated challenges of legal preparedness is the ability of legal practitioners and others to assess in real time the changing legal environment during declared emergencies that threaten the public's health. While knowledge of existing emergency laws and effective planning within the public health workforce are critical to emergency preparedness, neither can fully anticipate the legal changes that will occur during health-related crises. The flexibility and additional powers authorized via emergency statutes are designed to facilitate responses, but can also create uncertainties on questions of authority, public health powers, and leadership. This article presents the concept of legal triage as a means for understanding and responding to the legal challenges that invariably arise during declared emergencies. After illustrating the need and scope of legal triage, the article discusses legal triage in three specific challenges that have featured prominently during recent public health emergencies: allocation of scarce resources, liability protection for volunteer health practitioners, and inter-jurisdictional coordination of military personnel. The goal of the Article is to emphasize that extemporaneous legal assessment is a necessary challenge during emergencies and one which - when skillfully met - can facilitate public and private sector responses to improve morbidity and mortality.

Keywords: Public Health Emergency, Legal Preparedness, Legal Triage

Accepted Paper Series


Not Available For Download

Date posted: January 30, 2009 ; Last revised: February 2, 2009

Suggested Citation

Hodge, James G. and Anderson, Evan D., Principles and Practice of Legal Triage During Public Health Emergencies (January 30, 2009). New York University Annual Survey of American Law, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1335342

Contact Information

James G. Hodge Jr.
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Evan D. Anderson (Contact Author)
Center for Public Health Initiatives, University of Pennsylvania ( email )
Philadelphia, PA 19104
United States
2159000359 (Phone)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
Feedback to SSRN


Paper statistics
Abstract Views: 419

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds