Triage or Randomization – Who Receives a Chance of Survival in the COVID-19 Pandemic Crisis?

11 Pages Posted: 8 Nov 2020

See all articles by Anja Bodenschatz

Anja Bodenschatz

Technical University Munich; University of Cologne

Thomas Burri

University of St. Gallen

Andrea Rachow

Ludwig-Maximilians-Universität München

Matthias Uhl

University of Applied Sciences Ingolstadt

Gari Walkowitz

Technische Universität München (TUM) - School of Governance - Hochschule für Politik; Technische Universität München (TUM) - School of Governance - Hochschule für Politik

Date Written: November 5, 2020

Abstract

The COVID-19 pandemic has proven to be exceptionally challenging for health care worldwide. Media and politicians currently pay attention to the ethical dilemma of distributing a prospective and potentially scarce COVID-19 vaccine. Meanwhile, physicians in intensive care units that are running out of equipment and qualified staff face vital ethical dilemmas already today. The specific course of the COVID-19 virus leads to situations in which physicians are aware that they make a pivotal decision over the life or death of one patient, for the direct benefit or disadvantage of others. Until now, these decisions are left to the individual physician without legal backing. While guidelines by professional medical associations provide orientation, the law often stands idly by. The guidelines themselves are ethically and legally controversial.

We draw on literature in the behavioral sciences to outline which pitfalls the current juridical situation may entail. We argue that polity has to decide whether there are criteria for duly justified cases in which the medical system has to prioritize patients, and the procedure to do so, to overcome the intolerable present legal situation. This will provide due justification and relief for physicians. We show how informative research on ethical dilemmas in autonomous driving can inform policymakers which triage criteria may find acceptance in society if dilemmatic resource shortages occur. If policymakers refuse to lay down criteria for triage, by which they would deliberately impose harm on some in order to avoid greater harm for others, every patient must be given an equal chance of treatment, irrespectively of age or condition. We argue that this would imply that ventilators and other vital medical resources have to be allocated randomly. Furthermore, we provide empirical evidence for the acceptance of randomization in emergencies during the COVID-19 pandemic.

Polity has to provide legal certainty for physicians, who face ethical dilemmas induced by resource shortages. It has to define legally binding triage criteria, or else deliberately refuse to do so and rely on a random allocation of scarce resources among the needy, to explicitly exclude any kind of discrimination.

Keywords: COVID-19, ethical dilemmas, policy implications, triage, randomization

JEL Classification: H12, I14, K14, D63, D91, C78, C90

Suggested Citation

Bodenschatz, Anja and Burri, Thomas and Rachow, Andrea and Uhl, Matthias and Walkowitz, Gari and Walkowitz, Gari, Triage or Randomization – Who Receives a Chance of Survival in the COVID-19 Pandemic Crisis? (November 5, 2020). Available at SSRN: https://ssrn.com/abstract=3725507 or http://dx.doi.org/10.2139/ssrn.3725507

Anja Bodenschatz

Technical University Munich ( email )

Munich
Germany

University of Cologne ( email )

Albertus Magnus Platz
Cologne, NRW 50923
Germany

Thomas Burri

University of St. Gallen ( email )

Bodanstrasse 3
Saint Gallen, St. Gallen CH-9000
Switzerland

HOME PAGE: http://www.unisg.ch/en/universitaet/schools/law/ueber-ls/faculty/burri

Andrea Rachow

Ludwig-Maximilians-Universität München ( email )

Matthias Uhl

University of Applied Sciences Ingolstadt ( email )

Esplanade 10
Ingolstadt, D-85049
United States

Gari Walkowitz (Contact Author)

Technische Universität München (TUM) - School of Governance - Hochschule für Politik ( email )

Richard-Wagner-Str.1
Munich, 80333
Germany

Technische Universität München (TUM) - School of Governance - Hochschule für Politik ( email )

Richard-Wagner-Str.1
Munich, 80333
Germany

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