The Karlsruhe-based Federal Constitutional Court of Germany has ordered the Bundestag to develop rules for the protection of people with chronic illnesses and physical disabilities in the event of the so-called triage, when clinics are overcrowded and doctors divide patients into groups and determine who will receive first aid, N-TV reports.
Nine people with physical disabilities and chronic illnesses have filed a class action lawsuit against the Constitutional Court, fearing that doctors would prefer to help patients with a higher chance of survival. The court ruled that the German parliament had not taken appropriate measures to guarantee the right to life and should take immediate action in view of the coronavirus pandemic. According to the judges, no one should be placed in a vulnerable position due to disability or illness due to lack of vacancies in the intensive care unit.
The German Interdisciplinary Association for Intensive Care and Emergency Medicine (DIVI), together with specialists, has previously developed "clinical ethical guidelines" in the event of a shortage of hospital beds. The applicants expressed concern about the criteria set out in the document, as the physical weakness of the patient and the accompanying diseases played a role in their assessment in the list. The court emphasized that DIVI's recommendations were not legally binding or "synonymous with a medical standard". Therefore, the CC identifies possible risks in assessing the situation arising from these recommendations.
"Legislators must decide what measures are appropriate," the court ruling said.
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