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2014 ; 146
(4 Suppl
): e134S-44S
Nephropedia Template TP
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Legal preparedness: care of the critically ill and injured during pandemics and
disasters: CHEST consensus statement
#MMPMID25144203
Courtney B
; Hodge JG Jr
; Toner ES
; Roxland BE
; Penn MS
; Devereaux AV
; Dichter JR
; Kissoon N
; Christian MD
; Powell T
Chest
2014[Oct]; 146
(4 Suppl
): e134S-44S
PMID25144203
show ga
BACKGROUND: Significant legal challenges arise when health-care resources become
scarce and population-based approaches to care are implemented during severe
disasters and pandemics. Recent emergencies highlight the serious legal,
economic, and health impacts that can be associated with responding in austere
conditions and the critical importance of comprehensive, collaborative health
response system planning. This article discusses legal suggestions developed by
the American College of Chest Physicians (CHEST) Task Force for Mass Critical
Care to support planning and response efforts for mass casualty incidents
involving critically ill or injured patients. The suggestions in this chapter are
important for all of those involved in a pandemic or disaster with multiple
critically ill or injured patients, including front-line clinicians, hospital
administrators, and public health or government officials. METHODS: Following the
CHEST Guidelines Oversight Committee's methodology, the Legal Panel developed 35
key questions for which specific literature searches were then conducted. The
literature in this field is not suitable to provide support for evidence-based
recommendations. Therefore, the panel developed expert opinion-based suggestions
using a modified Delphi process resulting in seven final suggestions. RESULTS:
Acceptance is widespread for the health-care community's duty to appropriately
plan for and respond to severe disasters and pandemics. Hospitals, public health
entities, and clinicians have an obligation to develop comprehensive, vetted
plans for mass casualty incidents involving critically ill or injured patients.
Such plans should address processes for evacuation and limited appeals and
reviews of care decisions. To legitimize responses, deter independent actions,
and trigger liability protections, mass critical care (MCC) plans should be
formally activated when facilities and practitioners shift to providing MCC.
Adherence to official MCC plans should contribute to protecting hospitals and
practitioners who act in good faith from liability. Finally, to address
anticipated staffing shortages during severe and prolonged disasters and
pandemics, governments should develop approaches to formally expand the
availability of qualified health-care workers, such as through using official
foreign medical teams. CONCLUSIONS: As a fundamental element of health-care and
public health emergency planning and preparedness, the law underlies critical
aspects of disaster and pandemic responses. Effective responses require
comprehensive advance planning efforts that include assessments of complex legal
issues and authorities. Recent disasters have shown that although law is a
critical response tool, it can also be used to hold health-care stakeholders who
fail to appropriately plan for or respond to disasters and pandemics accountable
for resulting patient or staff harm. Claims of liability from harms allegedly
suffered during disasters and pandemics cannot be avoided altogether. However,
appropriate planning and legal protections can help facilitate sound, consistent
decision-making and support response participation among health-care entities and
practitioners.