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Unweighted lotteries and compounding injustice: reply to Schmidt et al
1Centre for Medical Law & Ethics, King's College London, London, Greater London, UK alexander.miller_tate@kcl.ac.uk.
Abstract:
I argue that Schmidt et al, while correctly diagnosing the serious racial inequity in current ventilator rationing procedures, misidentify a corresponding racial inequity issue in alternative 'unweighted lottery' procedures. Unweighted lottery procedures do not 'compound' (in the relevant sense) prior structural injustices. However, Schmidt et al do gesture towards a real problem with unweighted lotteries that previous advocates of lottery-based allocation procedures, myself included, have previously overlooked. On the basis that there are independent reasons to prefer lottery-based allocation of scarce lifesaving healthcare resources, I develop this idea, arguing that unweighted lottery procedures fail to satisfy healthcare providers' duty to prevent unjust population-level health outcomes, and thus that lotteries weighted in favour of Black individuals (and others who experience serious health injustice) are to be preferred.
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