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KMID : 0986720210290010047
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Korean Journal of Medicine and Law
2021 Volume.29 No. 1 p.47 ~ p.70
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Camparative Legal study on the triage at the COVID 19 pandemic
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Kim Ki-Young
Park Kyung-Kgi
Huh Jung-Sik
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Abstract
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In fact, it is not known how likely there is COVID-19 pandemic situation in which the priority of medical care will occur in Korea in the corona crisis. However, in recent years, it has been secured as a dedicated bed to treat critically ill patients such as existing cancer patients and cardiovascular disease. In addition, the lack of intensive care units to accommodate corona patients may continue to intensify depending on the situation of the pandemic. In relation to these medical measures, we are especially looking at what legislative, administrative, and other measures have been taken so far to prevent the so-called priority decision situation arising from the COVID-19 epidemic in terms of comparative law. In addition, it examines how the deprivation situation was handled in routine clinical practice, who makes such a decision, and what authority can be used primarily. In addition, the criteria for these decisions are deriving what are the specific requirements for the procedure and which legal requirements are actually binding on those decisions. In this paper, we compare the regulatory situations of each country to see how important the possibility of clinical treatment success is specifically regarded in the priority of medical care, and whether there are triage that apply to the medical system in other countries or whether they are legally regulated. In conclusion, we draw the conclusion that it is necessary to review or define medically the importance of pre-existing disabilities and chronic diseases in these decisions, to replace the criterion of success with other criteria, or to make it more accurate to meet the needs of all those in need of treatment.
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KEYWORD
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epidemic pandemic, patient selection criteria, distribution criteria, social value, priority of medical resources
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