{"title":"冠状病毒时代的责任:在COVID-19大流行期间扩大对医护人员的法律保护的道德必要性","authors":"Maria Howard, Pamela S Kohlmeier","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Although discussions have begun regarding the ways in which healthcare providers and individuals in fields adjacent to healthcare might be exposed to legal sanctions involving COVID-19, the complete scope of the legal risks is still largely unknown. This essay explores how current laws in the United States fail to offer adequate protections: (1) to healthcare workers (HCW) practicing under significantly altered standards of care, and (2) to individuals involved in the allocation of scarce resource decision-making process. Using research on Second Victim Syndrome and Medical Malpractice Stress Syndrome, legal protections are presented to provide HCW a form of \"moral buffering\" to help prevent further traumatizing them for shouldering extraordinary burdens during the COVID-19 pandemic. In so doing, this article advocates for the passage of appropriate legal protection as not merely a legal issue, but also an ethical one.</p>","PeriodicalId":48665,"journal":{"name":"Issues in Law & Medicine","volume":"36 2","pages":"163-192"},"PeriodicalIF":0.5000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Liability in the Time of Coronavirus: The Ethical Necessity of Expanding the Legal Protections Afforded to Healthcare Workers During the COVID-19 Pandemic.\",\"authors\":\"Maria Howard, Pamela S Kohlmeier\",\"doi\":\"\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Although discussions have begun regarding the ways in which healthcare providers and individuals in fields adjacent to healthcare might be exposed to legal sanctions involving COVID-19, the complete scope of the legal risks is still largely unknown. This essay explores how current laws in the United States fail to offer adequate protections: (1) to healthcare workers (HCW) practicing under significantly altered standards of care, and (2) to individuals involved in the allocation of scarce resource decision-making process. Using research on Second Victim Syndrome and Medical Malpractice Stress Syndrome, legal protections are presented to provide HCW a form of \\\"moral buffering\\\" to help prevent further traumatizing them for shouldering extraordinary burdens during the COVID-19 pandemic. In so doing, this article advocates for the passage of appropriate legal protection as not merely a legal issue, but also an ethical one.</p>\",\"PeriodicalId\":48665,\"journal\":{\"name\":\"Issues in Law & Medicine\",\"volume\":\"36 2\",\"pages\":\"163-192\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Issues in Law & Medicine\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Issues in Law & Medicine","FirstCategoryId":"3","ListUrlMain":"","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Liability in the Time of Coronavirus: The Ethical Necessity of Expanding the Legal Protections Afforded to Healthcare Workers During the COVID-19 Pandemic.
Although discussions have begun regarding the ways in which healthcare providers and individuals in fields adjacent to healthcare might be exposed to legal sanctions involving COVID-19, the complete scope of the legal risks is still largely unknown. This essay explores how current laws in the United States fail to offer adequate protections: (1) to healthcare workers (HCW) practicing under significantly altered standards of care, and (2) to individuals involved in the allocation of scarce resource decision-making process. Using research on Second Victim Syndrome and Medical Malpractice Stress Syndrome, legal protections are presented to provide HCW a form of "moral buffering" to help prevent further traumatizing them for shouldering extraordinary burdens during the COVID-19 pandemic. In so doing, this article advocates for the passage of appropriate legal protection as not merely a legal issue, but also an ethical one.
期刊介绍:
Issues in Law & Medicine is a peer reviewed professional journal published semiannually. Founded in 1985, ILM is co-sponsored by the National Legal Center for the Medically Dependent & Disabled, Inc. and the Watson Bowes Research Institute.
Issues is devoted to providing technical and informational assistance to attorneys, health care professionals, educators and administrators on legal, medical, and ethical issues arising from health care decisions. Its subscribers include law libraries, medical libraries, university libraries, court libraries, attorneys, physicians, university professors and other scholars, primarily in the U.S. and Canada, but also in Austria, Australia, Belgium, Brazil, Italy, The Netherlands, New Zealand, Japan, Russia, South Korea, Spain, Taiwan, and the United Kingdom.