Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law

Romańczuk-Grącka, Marta

doi:10.15290/bsp.2021.26.06.10

Cited by 3 publications

(2 citation statements)

References 4 publications

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“…Unfortunately, both the first responders and intensive care specialists lack experience in performing triage under extreme and catastrophic circumstances, even if they are versed in the system of patient selection in admission rooms under normal conditions (Swan & Swan, 1996). That is why the search for the best solutions and practices in that respect is still underway, both in terms of self-triage, hospital triage and legal protection (Judson et al, 2020;Ayebare et al, 2020;Swiss Society of Intensive Care Medicine, 2020;Romanczuk-Gracka, 2021).…”

Section: Medical Operations During a Catastrophe From The Perspective...mentioning

confidence: 99%

The COVID 19 Pandemic as a Moral Test for Society

Breczko,

Martinez

2023

Studies in Logic, Grammar and Rhetoric

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The COVID-19 pandemic brings up unprecedented challenges. Healthcare practitioners find themselves in an extraordinary, wartime-like situation and are obliged to apply triage on a daily basis. In this context, routine procedures prove insufficient and the redefinition of ethical practice guidelines becomes a necessity – leading not only to a shift in procedures, but also reshaping the very value of human life. This, in turn, triggers an axiological crisis, which exacerbates the tension between paradigms of sanctity and quality of life and the conflicting principles of egalitarianism and utilitarianism. Triage should not be limited to healthcare practice only: the concept can be extended to a macro-level where policymakers decide whether to prioritize human lives over livelihoods and economic health, impacting healthcare system capacity. The complexity of the challenges arising from the pandemic uncovers the urgent need to seek solutions from an integrated approach. In this paper, we offer a transdisciplinary view: we first define technical aspects of triage from the perspective of a healthcare professional. In the second part, we further analyze the problem of medical prioritization in the light of doctrinal findings related to the value of human life, and we show how and to what extent this philosophical debate is reflected in the emerging ethical guidelines in France, Spain, Italy, Belgium, Germany and Austria. Finally, we broaden the concept of triage, adding the “macro-economic” ingredient in our analysis and we present the results for selected European countries with special emphasis on the case of Poland.

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Section: Medical Operations During a Catastrophe From The Perspective...mentioning

confidence: 99%

The COVID 19 Pandemic as a Moral Test for Society

Breczko,

Martinez

2023

Studies in Logic, Grammar and Rhetoric

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“…Compared to England, where criminal liability is reserved for egregious lapses that result in the patient's death and, in such circumstances, the doctor may be convicted of "gross negligence" manslaughter, the criminal proceedings appear to be more frequent in Germany. 16 In this regard, the author chose to consider countries belonging to a single (continental) legal system, since the issues of criminal liability of doctors are understood and addressed in a similar way in these ocuntries. So far, there have been no examples of other countries in Europe where, similarly to Poland and Italy, a legal regulation would be created on this particular issue.…”

Section: Under Normal Circumstances the Medical Negligence Of Doctors...mentioning

confidence: 99%

Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic

Pranka

2022

Baltic Journal of Law &Amp; Politics

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Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.

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Political Freedoms and Rights in Relation to the COVID-19 Pandemic in Poland and Hungary in a Comparative Legal Perspective

Hoffman

Kostrubiec

2022

Białostockie Studia Prawnicze

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The subject of the article are selected political rights and freedoms guaranteed by the Polish and Hungarian constitutions, which are analysed in the context of possible limitations due to the COVID-19 pandemic. The analysis covers the right to vote in elections and referendums, the freedom of expression and opinion, and the freedom of assembly. The main aim of the article is to identify similarities and differences in the legal solutions adopted in Poland and Hungary in the context of restrictions or threats to political freedoms and rights. As a result of the research carried out, the authors positively verified the hypothesis that Poland and Hungary, although they chose different methodologies to implement the specific legal order applicable due to the coronavirus pandemic, namely Hungary has introduced one of the constitutional states of exception, i.e. the state of danger, while Poland did not introduce a state of natural disaster, the formula for sanctioning restrictions on political freedoms and rights with secondary legislation was similar in both countries. The authors express the view that continuous efforts should be made to develop legal institutions that would allow for a balance between the need to preserve political rights and freedoms and the need to make quick decisions in relation to the pandemic and citizens’ right to health. A pandemic should never be an excuse for those in power to restrict political freedoms and rights for longer periods of time, so as not to make these freedoms and rights the next victims of the SARS-CoV–2 virus.

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Conflicts of Doctor’s Duties in the Case of an Extreme Shortage of Intensive Care Beds and the Good Samaritan Clause from the Perspective of Criminal Law

Cited by 3 publications

References 4 publications

The COVID 19 Pandemic as a Moral Test for Society

The COVID 19 Pandemic as a Moral Test for Society

Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic

Political Freedoms and Rights in Relation to the COVID-19 Pandemic in Poland and Hungary in a Comparative Legal Perspective

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