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Ethical Issues01:27

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Ethics and Bioethics01:22

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Ethics is a philosophical study of moral actions. Ethics attempts to determine what is valuable for individuals and society. It examines the rational justification of moral judgments and analyzes what is morally just, fair, and right. Bioethics is a sub-discipline of applied ethics that analyzes the philosophical, social, and legal issues in life sciences and medicine. Ethical theories serve as a foundation for decision-making and represent the viewpoints from which people seek direction. They...
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Ethical Dilemmas II01:30

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Stereotypes, Prejudice, and Discrimination02:55

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Humans are very diverse and although we share many similarities, we also have many differences. The social groups we belong to help form our identities (Tajfel, 1974). These differences may be difficult for some people to reconcile, which may lead to prejudice toward people who are different. Prejudice is a negative attitude and feeling toward an individual based solely on one’s membership in a particular social group (Allport, 1954; Brown, 2010). Prejudice is common against people who...
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Standards of Care I01:22

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Ruthless Utilitarianism? COVID-19 State Triage Protocols May Subject Patients to Racial Discrimination and Providers

Miriam F Weismann, Cheryl Holder

    American Journal of Law & Medicine
    |August 18, 2021
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    Summary

    State triage protocols during the pandemic may illegally discriminate against ethnic minorities. This analysis questions the fairness of prioritizing the greatest good for the greatest number when it may violate civil rights.

    Keywords:
    coronaviruscrisis standards of carediscriminationfacially neutral standardsrationingtriage protocols

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    Area of Science:

    • Public Health Law
    • Bioethics
    • Health Equity

    Background:

    • The COVID-19 pandemic led to shortages of critical medical resources like ventilators and ICU beds.
    • A lack of a unified national strategy resulted in varied state-level triage protocols for resource allocation.
    • Triage protocols aim for "fairness" using utilitarian ethics, prioritizing care for the maximum number of people.

    Purpose of the Study:

    • To examine state triage protocols for fairness and legal compliance during health crises.
    • To determine if facially neutral protocols have a disparate impact on Black Americans and other ethnic groups.
    • To assess whether such disparate impacts constitute legally actionable discrimination.

    Main Methods:

    • Analysis of triage protocols from six U.S. states.
    • Review of medical ethics principles and legal frameworks concerning resource allocation.
    • Examination of potential disparate impacts on minority populations.

    Main Results:

    • Triage protocols, while aiming for utilitarian goals, raise questions about fairness and legal rights.
    • Ethnic minorities, particularly Black Americans and Latinx individuals, face higher COVID-19 mortality rates, suggesting potential vulnerabilities.
    • The study identifies a potential for facially neutral triage protocols to disproportionately affect these groups.

    Conclusions:

    • Saving the most lives is crucial, but not at the expense of suspending legal rights.
    • State triage protocols may inadvertently lead to discrimination against ethnic minorities.
    • Courts may need to address the legality of triage protocols with disparate impacts as a case of first impression.