From the DW:
“COVID: Germany must protect
disabled people in triage cases, court rules”
Germany's highest court has said
officials must draw up rules to protect disabled people during pandemic triage
situations. It's an urgent issue, with Germany facing a huge new COVID wave
fueled by the omicron variant. Germany's Constitutional Court ruled on Tuesday
that lawmakers must set out legally binding criteria to protect people with
disabilities and preexisting conditions in pandemic-related triage situations. Triage
is the process of prioritizing patients for treatment according to either the
seriousness of their illness or injury, or their chances of survival. The court
said legislators had violated the constitution by not previously setting out
such rules. Germany's constitution, or Basic Law, states that "No person
shall be disfavored because of disability." The court has been
deliberating on the issue since mid-2020. It has become an urgent issue once
again as Germany faces a massive fourth wave of COVID infections driven by the
highly infectious omicron variant.
Why was the ruling made? The
ruling came in response to a complaint by nine people with disabilities and
previous illnesses who feared that, under present guidelines, doctors could
give up on them if they became ill with COVID-19. They called for the state to
lay down what selection criteria will be used to determine which patients
continue to receive possibly lifesaving treatments if a choice has to be made
when intensive care units are overwhelmed. Previous "clinical and
ethical recommendations" for triage were issued by the German intensive
care association DIVI along with other medical associations. The complainants
felt that these recommendations could see them disadvantaged, as the general
state of health and existing illnesses of patients were included as selection
criteria.
What do patient advocates say?
The DIVI responded to the complaint by saying that no one would be refused
treatment on the basis of their age, previous illnesses or disability and that
the criteria would only come into play when such factors lowered the likelihood
of surviving COVID-19. But it also called for the state to make a ruling to
give medical personnel legal security. Advocates for the rights of
patients have also voiced support for triage guidelines imposed by the state. "Federal
parliamentarians are the only ones who are democratically authorized to take
such a decision," said Eugen Brysch, the chair of the German Foundation
for Patient Rights. He told the dpa news agency that the issue centered
largely on who would be taken off ventilators. "And that is
something that the Bundestag should decide rather than economists," he
said, adding that rules should be the same in all hospitals.
^ Germany should have created
these rules long before Covid or at least back in 2020 when the Pandemic
started. Who knows how many Disabled people have suffered and/or died because
of the lack of these protections in the nearly 2 years. Every country should
make such medical protections for the Disabled, but especially Germany with his
History (murdering 300,000 Disabled and forcibly-sterilizing thousands more
from 1939-1945.) ^
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