WEBVTT - What Happens If We Run out of Ventilators? 

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<v Speaker 1>Pushkin from Pushkin Industries. This is Deep Background, the show

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<v Speaker 1>where we explore the stories behind the stories in the news.

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<v Speaker 1>I'm Noah Feldman. We're continuing our ongoing coverage of different

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<v Speaker 1>aspects of the coronavirus pandemic. Today, our topic is medical

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<v Speaker 1>ethics and how they apply in a crisis. There have

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<v Speaker 1>been reports of doctors in some countries around the world

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<v Speaker 1>having to ration care, including ventilators, for patients who are

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<v Speaker 1>sick with the coronavirus because they don't have sufficient supplies

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<v Speaker 1>to care for everyone. It looks at least possible that

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<v Speaker 1>the same thing could be happening here in the United States.

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<v Speaker 1>The situation is especially pressing in New York, where there

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<v Speaker 1>is a shortage of ventilators and where the possibility of

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<v Speaker 1>splitting ventilators has been considered by some hospitals. What happens

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<v Speaker 1>when hospitals have to decide who gets a ventilator and

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<v Speaker 1>who doesn't. What happens at the end of life, when

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<v Speaker 1>we're trying to figure out what sort of heroic measures

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<v Speaker 1>should be used to save people who are close to

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<v Speaker 1>dying from the coronavirus. To discuss these issues, I'm joined

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<v Speaker 1>today by doctor Lydia Dugdale. She's an Associate Professor of

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<v Speaker 1>medicine and director of the Center for Clinical Medical Ethics

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<v Speaker 1>at Columbia University. She's practicing medicine on the front lines

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<v Speaker 1>of this pandemic, both in the hospital and in the

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<v Speaker 1>temporary tent that Columbia University has set up in its

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<v Speaker 1>own parking lot to deal with the overload of Corona cases.

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<v Speaker 1>She's also the author of a forthcoming book, The Lost

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<v Speaker 1>Art of Dying. Lydia, thank you so much for joining me.

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<v Speaker 1>I wonder if we could begin by talking about something

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<v Speaker 1>that I think the whole world is focusing on now,

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<v Speaker 1>but that you do every day, and that is the

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<v Speaker 1>fundamentals of medical ethics. How do you go about thinking

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<v Speaker 1>in a systematic way about the rationing questions that may

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<v Speaker 1>not have quite yet emerged in the United States, but

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<v Speaker 1>which are on the edge of emerging, and which have

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<v Speaker 1>already emerged in lots of other countries. Medical ethics typically

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<v Speaker 1>focuses on the doctor patient relationship. That's really the core

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<v Speaker 1>of what we do in non crisis times. As such,

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<v Speaker 1>we tend to focus on principles of beneficence and non maleficence.

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<v Speaker 1>Beneficence is doing good for patience, and non maleficence is

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<v Speaker 1>not doing harm, So that's sort of that hippocratic It's

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<v Speaker 1>typically called the hippocratic idea of first doing no harm

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<v Speaker 1>to one's patience. So that's what we talk about in

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<v Speaker 1>non crisis times in medicine. However, with this current coronavirus pandemic,

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<v Speaker 1>we've shifted the current framing for medical ethics to more

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<v Speaker 1>of a public health fix, which takes into account different

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<v Speaker 1>principles and they're sort of a different framing for how

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<v Speaker 1>we think about decisions, and we tend to focus more

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<v Speaker 1>on a duty to care for everyone, so there's more

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<v Speaker 1>of a community bent to things. There is a commitment

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<v Speaker 1>to stewarding resources, this is what we've heard about a

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<v Speaker 1>lot in the media, making sure we have enough equipment.

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<v Speaker 1>There's certainly a duty to plan governments. Healthcare administrators are

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<v Speaker 1>expected to anticipate foreseeable crises and sort of come up

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<v Speaker 1>with a plan to respond to these. There's also a

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<v Speaker 1>commitment to distribute of justice, making sure that we have

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<v Speaker 1>allocation protocols in place that will meet the most needs

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<v Speaker 1>possible in a way that is most fair. And then,

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<v Speaker 1>of course transparency is fundamental to this. We want to

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<v Speaker 1>make sure that the public knows what we're doing in

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<v Speaker 1>these unique situations when everyone's already on edge. We want

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<v Speaker 1>to do everything we can to sort of shore up

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<v Speaker 1>public trust so that everyone knows that the healthcare system

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<v Speaker 1>and the policymakers still have their back and will really

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<v Speaker 1>work to prioritize their health and well being. Could we

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<v Speaker 1>drill down to what you called allocation protocols, which I'd

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<v Speaker 1>take it as a fancy way of saying who gets

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<v Speaker 1>which medical supplies or medical technologies when and products? The

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<v Speaker 1>allocation part and protocol implies that you'd have a kind

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<v Speaker 1>of model or an algorithm that you would follow in

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<v Speaker 1>individual instances. Now, those things are super tricky and they

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<v Speaker 1>require sort of unveiling a lot of the values that

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<v Speaker 1>you were talking about. So would you talk a little

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<v Speaker 1>bit about how you think about allocation protocols. Let's use

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<v Speaker 1>an example that's really concrete, the example of ventilators. So,

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<v Speaker 1>hospitals all over the country right now and over the

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<v Speaker 1>last few weeks have been debating how to handle the

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<v Speaker 1>possibility of a ventilator shortage. It's worth pointing out, though,

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<v Speaker 1>that perhaps more than an actual ventilator shortage. There's a

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<v Speaker 1>concern that we would have a shortage of healthcare personnel,

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<v Speaker 1>particularly respiratory therapists and critical care doctors who know how

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<v Speaker 1>to manage these very complex and sophisticated devices. However, having

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<v Speaker 1>said that, assuming that there is a ventilator shortage or

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<v Speaker 1>that there will be one, hospitals are trying to figure

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<v Speaker 1>out what is the best way to make sure that

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<v Speaker 1>we save the most lives possible. That's really the driving

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<v Speaker 1>question here. And even though there has been certainly a

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<v Speaker 1>lot of concern expressed that these allocation principles are going

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<v Speaker 1>to cut off the elderly or not serve those with disabilities,

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<v Speaker 1>that's not at all the aim of these allocation protocols.

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<v Speaker 1>In New York State, for example, there was put forward

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<v Speaker 1>in twenty fifteen by the New York State Department of

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<v Speaker 1>Health allocation guidelines for ventilators in the event of a

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<v Speaker 1>flu epidemic. New York was trying to anticipate how they

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<v Speaker 1>would meet the needs of New Yorkers, particularly in this

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<v Speaker 1>congested urban area, if flu were to sort of go haywire,

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<v Speaker 1>and a lot of hospitals around the country currently have

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<v Speaker 1>looked back to those twenty fifteen guidelines as a starting point,

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<v Speaker 1>and there are other other similar guidelines out there, so

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<v Speaker 1>we're sort of wrestling with these and then applying them

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<v Speaker 1>to COVID. So, of course, coronavirus and the way it's

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<v Speaker 1>playing out does not look exactly like influenza in a

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<v Speaker 1>typical season, so we're having to adapt these guidelines. The

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<v Speaker 1>formula that you used was the goal of saving the

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<v Speaker 1>most lives possible, and I guess what I want to

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<v Speaker 1>ask you about is if we really are committed to

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<v Speaker 1>saving the most lives possible, then our protocol is presumably

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<v Speaker 1>going to ask how likely is this person to survive

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<v Speaker 1>if given the scarce ventilator, and if you're younger and healthier,

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<v Speaker 1>that probably on the whole enhances your chances of surviving.

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<v Speaker 1>What's your view about how we should think that through.

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<v Speaker 1>So the score that a lot of us are looking at,

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<v Speaker 1>or at least studying and considering, is something called the

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<v Speaker 1>SOFA score. SOFA it stands for the Sequential organ Failure Assessment,

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<v Speaker 1>and this is a score interestingly that doesn't take age

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<v Speaker 1>into account, but it does take into account the health

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<v Speaker 1>of six organ systems. So the SOFA score looks at

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<v Speaker 1>the lungs, the heart, the kidneys, the liver, the brain,

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<v Speaker 1>particularly with regard to mental status, how alert is an individual,

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<v Speaker 1>and also blood clotting, so you know, doctors will call

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<v Speaker 1>this the hematologic system. So the SOFA score takes into

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<v Speaker 1>account that the healthy functioning or lack of health of

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<v Speaker 1>these six organs, which in times of severe infection what

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<v Speaker 1>we might call sepsis, we often see a sequential failing

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<v Speaker 1>of these organs. And then we look at these triage

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<v Speaker 1>sort of allocation guidelines tend to look at the SOFA

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<v Speaker 1>score how it changes over time. So if a SOFA

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<v Speaker 1>score gets progressively worse day after day after day, that

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<v Speaker 1>trajectory tends to be only in one direction. Now, if

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<v Speaker 1>a SOFA score starts to show improvements, then we think

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<v Speaker 1>differently about an individual patient. So as you say, the

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<v Speaker 1>SOFA analysis doesn't mention age, it's not listed as a

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<v Speaker 1>consideration there. And I guess I have two questions about that.

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<v Speaker 1>One is if you had two identically placed patients with

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<v Speaker 1>respect to SOFA, but they were very disjunct with respect

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<v Speaker 1>to age. You know, one was I don't know, a

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<v Speaker 1>healthy eighteen year old and the other was a healthy

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<v Speaker 1>for their age. But you know, eighty year old under

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<v Speaker 1>current protocols, would that mean that you would not be

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<v Speaker 1>able to have a preference for the eighteen year old

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<v Speaker 1>over the seventy year old or the eighty year old

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<v Speaker 1>simply because it's not in the sofa score. Or do

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<v Speaker 1>you use the sofa score in a flexible way where

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<v Speaker 1>if sofas are equal, and then you have to make

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<v Speaker 1>an allocation decision, you could then consider other factors. The

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<v Speaker 1>New York State guidelines from twenty fifteen, the only look

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<v Speaker 1>to age as a tiebreaker if it's a child versus

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<v Speaker 1>an adult, that's the only time. And they do that.

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<v Speaker 1>They base those guidelines on our societal preference for caring

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<v Speaker 1>for children. If it's two adults with equal sofa scores

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<v Speaker 1>and equal need let's say, and let's say it's not

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<v Speaker 1>even removal, but it's just applying a ventilator and there's

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<v Speaker 1>only one ventilator left, then it's a lottery system according

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<v Speaker 1>to these New York State guidelines. Again, every hospital is

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<v Speaker 1>adapting these guidelines slightly differently. I think a lot of

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<v Speaker 1>the protocols are going to end up being quite similar,

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<v Speaker 1>and there are efforts underway to study these nationwide. But

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<v Speaker 1>I think most people are loath to sort of make

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<v Speaker 1>a strict age cut off and say or not even

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<v Speaker 1>a cutoff, but to just say the older person should

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<v Speaker 1>not get it and the younger person should get it. So,

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<v Speaker 1>like I said, a lot of the preference is often

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<v Speaker 1>given to children. Otherwise it tends to be a lottery system.

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<v Speaker 1>Some of the state protocols, as reported and as they

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<v Speaker 1>appear to be written, and I'm thinking of the Alabamber

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<v Speaker 1>Procolling particular, seemed to say that people certain severe disabilities

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<v Speaker 1>would be lower on an allocation list. Where does that

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<v Speaker 1>fit within sort of standard good medical medical ethics. I

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<v Speaker 1>suppose I would have to know what you mean by disabilities.

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<v Speaker 1>So many of the protocols do have exclusion criteria. There

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<v Speaker 1>are particular illnesses that we specify, and if patients came

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<v Speaker 1>in with those illnesses, we would not allocate a ventilator

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<v Speaker 1>to them. But the exclusion criteria that most commonly are

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<v Speaker 1>discussed our exclusion that suggests that death is imminent. So,

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<v Speaker 1>for example, a person comes in with a severe bleed

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<v Speaker 1>in the brain that almost certainly will cause death, such

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<v Speaker 1>a person would not be given a ventilator according to

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<v Speaker 1>these allocation guidelines in crisis situations because death is imminent,

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<v Speaker 1>So the exclusion criteria that are most commonly used are

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<v Speaker 1>ones that really are quite close to the point of death.

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<v Speaker 1>So the language that they used, I'm quoting from the

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<v Speaker 1>Alabama protocol here. There are some patients for whom the

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<v Speaker 1>possible should not offer mechanical ventilator support, and those include

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<v Speaker 1>heart failure, respiratory failure, metastatic cancer. So that fits what

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<v Speaker 1>you're describing. And then it also says that quote persons

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<v Speaker 1>with severe mental rechardation, advanced dementia, or severe traumatic brain

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<v Speaker 1>injury may be poor candidates for ventilator support. So it's written,

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<v Speaker 1>you know, it's not written as mandatory. It's maybe poor candidates.

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<v Speaker 1>And maybe if you have advanced dementia, that's highly probable

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<v Speaker 1>that you will die sooner, and so perhaps that's an explanation,

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<v Speaker 1>and ditto for traumatic brain injury. I suppose the language

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<v Speaker 1>that motivated the disability rights advocates to bring a complaint

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<v Speaker 1>was the formulation that says persons with severe mental rechardation. Yeah,

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<v Speaker 1>I think many of us are very uncomfortable with that

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<v Speaker 1>sort of an assertion. The criteria of most hospitals with

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<v Speaker 1>which I'm familiar is not to look at specific aspects

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<v Speaker 1>of mental ability, cognitive ability and even know what you're

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<v Speaker 1>saying about dementia. Dementia is a disease that easily last

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<v Speaker 1>ten years, So we have to be careful about how

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<v Speaker 1>we use these terms. And that's why many hospitals are

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<v Speaker 1>most comfortable with when we know death is imminent. This

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<v Speaker 1>person is really going to die within hours. Those are

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<v Speaker 1>the people that in times of crisis, we would consider

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<v Speaker 1>withholding ventilators from if there were a ventilator shortage. We'll

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<v Speaker 1>be back in just a moment. May ask you the

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<v Speaker 1>difference from the standpoint of standard medical ethics between removing

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<v Speaker 1>someone from a ventilator in order to enable another person

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<v Speaker 1>to have that ventilator, as opposed to allocating that ventilator

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<v Speaker 1>in the first instance to somebody on the basis of

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<v Speaker 1>criteria that are in a protocol. Do you see those

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<v Speaker 1>two things typically as different in some important way or

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<v Speaker 1>do you think of them is basically equivalent ethically and morally.

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<v Speaker 1>The arguments that are typically used is that they are

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<v Speaker 1>the same emotionally, they are hugely different, and the idea

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<v Speaker 1>of removing a ventilator for both a patient's family and

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<v Speaker 1>for the treating team, the medical doctors. It takes an

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<v Speaker 1>enormous emotional toll, which is why most people right now

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<v Speaker 1>with this coronavirus pandemic want to try to avoid doing

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<v Speaker 1>that no matter what, because there's already enough moral distress.

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<v Speaker 1>It's already difficult enough. The last thing we want to

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<v Speaker 1>do is add to that by removing patients from ventilators.

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<v Speaker 1>So the sort of the better move is to try

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<v Speaker 1>to allocate them up front. Right, So, going back to

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<v Speaker 1>the sofa scores that we discussed earlier in this conversation,

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<v Speaker 1>the only sofa scores again, in many of these triage protocols,

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<v Speaker 1>I can't speak for all, the only sofa scores that

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<v Speaker 1>those having to allocate ventilator would rely upon. Our sofa

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<v Speaker 1>scores that show progressive worsening. Anyone who is sort of

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<v Speaker 1>holding his or her own or showing any evidence of improvement,

0:14:19.956 --> 0:14:22.676
<v Speaker 1>there would never be any consideration given to removing a

0:14:22.756 --> 0:14:25.476
<v Speaker 1>ventilator from that person. And if you push me further

0:14:25.516 --> 0:14:27.876
<v Speaker 1>and you say, well, still, what if what if we

0:14:27.916 --> 0:14:31.876
<v Speaker 1>get to the point where all ventilators are allocated, everyone

0:14:32.156 --> 0:14:35.516
<v Speaker 1>who is failing, you know, has died and the only

0:14:35.516 --> 0:14:37.916
<v Speaker 1>people left on ventilators are people who are sort of

0:14:37.916 --> 0:14:41.236
<v Speaker 1>holding their own or improving, and still someone comes in

0:14:41.316 --> 0:14:44.516
<v Speaker 1>who needs one, then it's probably going to revert to

0:14:44.556 --> 0:14:48.196
<v Speaker 1>a first come, first serve scenario because there's no other option.

0:14:48.276 --> 0:14:51.116
<v Speaker 1>We're not going to cut short someone's life who is

0:14:51.116 --> 0:14:54.196
<v Speaker 1>a possibility of life in order to give someone else

0:14:54.236 --> 0:14:57.076
<v Speaker 1>a possibility of life. That just wouldn't That wouldn't be right,

0:14:57.076 --> 0:15:00.596
<v Speaker 1>and no one, no one would be comfortable with that. Again,

0:15:00.636 --> 0:15:02.836
<v Speaker 1>that the idea is to help as many people as

0:15:02.876 --> 0:15:05.556
<v Speaker 1>possible and to save as many lives as possible, not

0:15:05.796 --> 0:15:09.636
<v Speaker 1>in any way to jeopardize someone's life. That that's never

0:15:09.676 --> 0:15:12.836
<v Speaker 1>the goal. So the first in time rule, which is

0:15:12.876 --> 0:15:16.436
<v Speaker 1>really a luck rule, would then kick in as well,

0:15:16.476 --> 0:15:19.636
<v Speaker 1>because we don't have anything better to do at that point. Yeah, Frankly,

0:15:19.676 --> 0:15:22.276
<v Speaker 1>I don't know that you know the protocols get to

0:15:22.356 --> 0:15:24.476
<v Speaker 1>that level. I think you know there are so many

0:15:25.076 --> 0:15:28.516
<v Speaker 1>patients in any given hospital on any day that are

0:15:28.676 --> 0:15:32.516
<v Speaker 1>languishing on a ventilator that are not showing improvement, and

0:15:32.636 --> 0:15:37.836
<v Speaker 1>it's it's specifically because everyone holds out hope and frankly,

0:15:37.876 --> 0:15:41.396
<v Speaker 1>as I've written about, don't want to have to face

0:15:41.516 --> 0:15:44.476
<v Speaker 1>mortality that we often keep trying. We keep trying and

0:15:44.556 --> 0:15:48.076
<v Speaker 1>keep trying. That's sort of the way that we've all

0:15:48.116 --> 0:15:52.476
<v Speaker 1>been socialized, both physicians and Americans. Can I just ask

0:15:52.516 --> 0:15:56.636
<v Speaker 1>you about ventilator splitting, which you know we're not there yet,

0:15:56.676 --> 0:16:00.116
<v Speaker 1>but again, it seems like one of the possible responses

0:16:00.676 --> 0:16:04.276
<v Speaker 1>Leaving aside the technology of whether it's doable, does it

0:16:04.356 --> 0:16:08.636
<v Speaker 1>strike you as problematic from an ethical perspective? Where is

0:16:08.636 --> 0:16:11.596
<v Speaker 1>it simply a matter of the probabilities it's more likely

0:16:11.596 --> 0:16:13.556
<v Speaker 1>to help the people than just helping one of them,

0:16:13.876 --> 0:16:16.436
<v Speaker 1>We should take a crack at it. Sure. I mean,

0:16:16.516 --> 0:16:19.796
<v Speaker 1>it's been reported in the New York Times that Columbia

0:16:19.836 --> 0:16:26.396
<v Speaker 1>Presbyterian pioneered this, So it's definitely doable. It's enormously complex,

0:16:26.916 --> 0:16:29.596
<v Speaker 1>much more difficult cult than having a single patient on

0:16:29.716 --> 0:16:34.316
<v Speaker 1>event later, but it works and if it comes to

0:16:34.356 --> 0:16:38.076
<v Speaker 1>that we can do that. It's possible. It wouldn't automatically

0:16:38.076 --> 0:16:42.396
<v Speaker 1>double the number of ventilators that we have because patients

0:16:42.436 --> 0:16:46.516
<v Speaker 1>have to have similar needs, because they share single United

0:16:46.596 --> 0:16:50.956
<v Speaker 1>ventilator settings which are highly tailored to each individual patients.

0:16:50.996 --> 0:16:54.476
<v Speaker 1>So there are a lot of factors that would need

0:16:54.516 --> 0:16:57.076
<v Speaker 1>to be tailored. There but it would certainly increase our

0:16:57.156 --> 0:16:59.996
<v Speaker 1>ventilator capacity if it came to that. Can I ask

0:17:00.036 --> 0:17:02.796
<v Speaker 1>you what are you seeing? I mean, what are the

0:17:02.876 --> 0:17:06.596
<v Speaker 1>ethical issues that ethicis are most pressed about right now

0:17:06.636 --> 0:17:08.916
<v Speaker 1>that you are most pressed about right now? What are

0:17:08.916 --> 0:17:12.156
<v Speaker 1>the challenges that you've seen that are uncertain where it's

0:17:12.156 --> 0:17:13.636
<v Speaker 1>not so simple just to say, well, we know what

0:17:13.716 --> 0:17:15.676
<v Speaker 1>to think about this because we have a protocol in place.

0:17:16.436 --> 0:17:19.516
<v Speaker 1>The question of whether to resuscitate a particular patient is

0:17:19.556 --> 0:17:22.316
<v Speaker 1>really on a lot of people's minds. Some of the

0:17:22.396 --> 0:17:27.556
<v Speaker 1>arguments against that are that resuscitation is very, very messy,

0:17:28.076 --> 0:17:32.996
<v Speaker 1>and it leads to body fluids and aerosolization, which is

0:17:32.996 --> 0:17:35.476
<v Speaker 1>where the virus goes into the air and spreads everywhere,

0:17:35.836 --> 0:17:39.836
<v Speaker 1>and so it significantly increases the amount of virus that's

0:17:39.916 --> 0:17:44.636
<v Speaker 1>around and infectious and able to make the healthcare worker sick.

0:17:45.116 --> 0:17:49.156
<v Speaker 1>Any resuscitation attempt requires an enormous team size and a

0:17:49.156 --> 0:17:52.436
<v Speaker 1>lot of personal protective equipment. The so called ppe that

0:17:52.996 --> 0:17:56.036
<v Speaker 1>everyone has heard that there's been a shortage of so

0:17:56.396 --> 0:18:00.516
<v Speaker 1>between the risk and the danger of it, the fact

0:18:00.516 --> 0:18:02.836
<v Speaker 1>that we've already stopped doing a lot of procedures in

0:18:02.836 --> 0:18:05.196
<v Speaker 1>the hospital in this current moment that lead to this

0:18:05.276 --> 0:18:08.516
<v Speaker 1>aerosolization of the virus. A lot of people feel that

0:18:08.556 --> 0:18:13.236
<v Speaker 1>we should not be doing CPR. Some people feel that

0:18:13.396 --> 0:18:19.196
<v Speaker 1>no patient with coronavirus should have resuscitation. In my view

0:18:19.236 --> 0:18:21.796
<v Speaker 1>and in the view of many many ethicis that is

0:18:21.956 --> 0:18:26.036
<v Speaker 1>far too extreme. Certainly, we're having patients come in who

0:18:26.276 --> 0:18:31.276
<v Speaker 1>could easily be resuscitated with good outcomes, and so I

0:18:31.316 --> 0:18:36.476
<v Speaker 1>would be very uncomfortable with a blanket restriction on resuscitating

0:18:36.596 --> 0:18:40.036
<v Speaker 1>anyone who walks in with coronavirus. Having said that, it's

0:18:40.076 --> 0:18:45.716
<v Speaker 1>not uncommon for patients with coronavirus to have a cardiac arrest,

0:18:45.836 --> 0:18:49.836
<v Speaker 1>meaning their heart stops and they die for a successful

0:18:50.076 --> 0:18:54.396
<v Speaker 1>resuscitation attempt, and then for a repeat cardiac arrest, so

0:18:54.436 --> 0:18:56.996
<v Speaker 1>they die again. That's something we're seeing quite a bit.

0:18:57.636 --> 0:19:01.316
<v Speaker 1>And many people feel that if a patient is dying again,

0:19:02.156 --> 0:19:04.116
<v Speaker 1>even though we've tried to bring them back, but they

0:19:04.156 --> 0:19:07.196
<v Speaker 1>die again rather imminently, that this is someone who does

0:19:07.236 --> 0:19:12.356
<v Speaker 1>not show long term good odds for survival. This question

0:19:12.476 --> 0:19:15.916
<v Speaker 1>is probably more pressing right now for doctors on the

0:19:15.956 --> 0:19:19.476
<v Speaker 1>front lines than even the question of ventilater allocation. That's

0:19:19.516 --> 0:19:21.716
<v Speaker 1>completely fascinating, and I will say I think it's almost

0:19:21.756 --> 0:19:24.756
<v Speaker 1>completely underreported. You said that you think it's too extreme

0:19:24.916 --> 0:19:30.596
<v Speaker 1>to say, given those risks, we shouldn't resuscitate people who

0:19:30.596 --> 0:19:34.116
<v Speaker 1>have cardiac arrest on corona the first time at least why.

0:19:34.196 --> 0:19:36.236
<v Speaker 1>I mean, the risk is not only to the people

0:19:36.276 --> 0:19:39.116
<v Speaker 1>in the room, that's the healthcare workers, but it's also

0:19:39.116 --> 0:19:41.676
<v Speaker 1>to everybody else in the hospital, because once i'm these aerosolis,

0:19:41.716 --> 0:19:44.356
<v Speaker 1>you don't have a perfect seal around the hospital rooms.

0:19:44.516 --> 0:19:47.836
<v Speaker 1>I mean, it's you're creating a huge externalized risk for

0:19:47.916 --> 0:19:51.996
<v Speaker 1>everybody else. And if resuscitation has a high probability of

0:19:51.996 --> 0:19:54.756
<v Speaker 1>working in the individual case, and yet we know that

0:19:54.836 --> 0:19:57.836
<v Speaker 1>it often doesn't last in other words, that people then

0:19:57.916 --> 0:20:00.996
<v Speaker 1>have to they die again, it seems like a perfect

0:20:00.996 --> 0:20:03.996
<v Speaker 1>case to say, well, gee, we're just not going to

0:20:04.036 --> 0:20:06.876
<v Speaker 1>do it under these circumstances. What am I missing there?

0:20:07.676 --> 0:20:09.996
<v Speaker 1>So you're missing the forty year old who comes in

0:20:09.996 --> 0:20:13.236
<v Speaker 1>with a heart attack, which still happens, and hospitals are

0:20:13.276 --> 0:20:15.356
<v Speaker 1>testing patients as they walk in the door, and he's

0:20:15.396 --> 0:20:18.436
<v Speaker 1>COVID positive and he has a cardiac arrest in the

0:20:18.516 --> 0:20:23.116
<v Speaker 1>emergency room. Do you not resuscitate him because he's not

0:20:23.196 --> 0:20:25.676
<v Speaker 1>dying of the coronavirus. He's dying of a heart attack,

0:20:25.876 --> 0:20:27.716
<v Speaker 1>that's right. What we don't want to do is get

0:20:27.716 --> 0:20:30.876
<v Speaker 1>the black X on people's names because they have coronavirus

0:20:30.956 --> 0:20:34.316
<v Speaker 1>when they would be so easy to resuscitate them. I see.

0:20:34.316 --> 0:20:36.796
<v Speaker 1>So what you're really describing is maybe there should be

0:20:37.596 --> 0:20:40.436
<v Speaker 1>pulling back on resuscitating people who are dying of the

0:20:40.476 --> 0:20:45.916
<v Speaker 1>coronavirus and are probably going to die again after being resuscitated.

0:20:46.076 --> 0:20:47.556
<v Speaker 1>I don't know that I'd want to go on record

0:20:47.596 --> 0:20:50.316
<v Speaker 1>as saying I'm advocating for it, but I will definitely

0:20:50.356 --> 0:20:51.916
<v Speaker 1>go on record as saying this is something people are

0:20:51.956 --> 0:20:54.276
<v Speaker 1>very concerned about right now. It's one of the top

0:20:54.316 --> 0:20:58.876
<v Speaker 1>ethical issues we're debating in a book. You actually opened

0:20:58.916 --> 0:21:01.676
<v Speaker 1>your book with a kind of a graphic, if I

0:21:01.716 --> 0:21:04.956
<v Speaker 1>may say so, a description of a resuscitation in a

0:21:04.956 --> 0:21:08.396
<v Speaker 1>pretty standard case. This is not a coronavirus situation, And

0:21:08.556 --> 0:21:11.436
<v Speaker 1>the strong takeaway for the reader is that we do

0:21:11.516 --> 0:21:15.556
<v Speaker 1>this much, much too much. Anyway, Does that affect you're

0:21:15.596 --> 0:21:18.676
<v Speaker 1>thinking about this situation at all. The whole way that

0:21:18.716 --> 0:21:22.556
<v Speaker 1>the coronavirus pandemic has been discussed has been a focus

0:21:22.636 --> 0:21:28.876
<v Speaker 1>on delaying death, and there's been very little reported about

0:21:28.876 --> 0:21:32.316
<v Speaker 1>how we should actually use this as an opportunity to

0:21:32.356 --> 0:21:35.556
<v Speaker 1>think about our mortality and start to get our advanced

0:21:35.596 --> 0:21:37.756
<v Speaker 1>directives in order, and not to mention all the other

0:21:37.796 --> 0:21:41.596
<v Speaker 1>documents and share our passwords with our significant others. Things

0:21:41.596 --> 0:21:43.636
<v Speaker 1>like that. That's not so much a part of the

0:21:43.636 --> 0:21:47.236
<v Speaker 1>conversation right now. So, yes, I've reflected on my book

0:21:47.356 --> 0:21:51.836
<v Speaker 1>a lot. I do think people would die much better

0:21:51.916 --> 0:21:54.556
<v Speaker 1>deaths if they had a lot more preparation and if

0:21:54.556 --> 0:21:59.356
<v Speaker 1>they started preparing now rather than waiting until they're sitting

0:21:59.396 --> 0:22:03.156
<v Speaker 1>in the emergency room with coronavirus or whatever other disease.

0:22:03.916 --> 0:22:07.156
<v Speaker 1>Because this coronavirus pandemic too shall pass, but there will

0:22:07.196 --> 0:22:10.636
<v Speaker 1>be something else for all of us. Moves us to

0:22:10.676 --> 0:22:14.036
<v Speaker 1>think about these things now and to plan for them.

0:22:15.436 --> 0:22:19.876
<v Speaker 1>One last question about their resuscitation issue. If a decision

0:22:19.916 --> 0:22:24.076
<v Speaker 1>were taken on, for example, not resuscitating some people who

0:22:24.076 --> 0:22:27.276
<v Speaker 1>are close to dying from coronavirus, would that be a

0:22:27.276 --> 0:22:30.196
<v Speaker 1>decision that was taken at individual hospital levels, would it

0:22:30.196 --> 0:22:33.676
<v Speaker 1>be taken at statewide levels? Would it be a federal decision?

0:22:33.756 --> 0:22:38.236
<v Speaker 1>How do the mechanics of implementing an ethical intuition like

0:22:38.316 --> 0:22:41.436
<v Speaker 1>that work themselves out in the real world, most of

0:22:41.476 --> 0:22:44.516
<v Speaker 1>them are at hospital levels. I was on a call

0:22:44.596 --> 0:22:47.556
<v Speaker 1>with an ethesis from California, and it sounds to me

0:22:47.676 --> 0:22:50.716
<v Speaker 1>that the u SEE system in California is coming up

0:22:50.716 --> 0:22:53.796
<v Speaker 1>with the guidelines that they expect many other hospitals in

0:22:53.836 --> 0:22:57.116
<v Speaker 1>California to adopt. But at the end of the day,

0:22:57.156 --> 0:23:00.236
<v Speaker 1>it's going to be an individual hospitals legal counsel who's

0:23:00.276 --> 0:23:06.156
<v Speaker 1>comfortable with supporting and individual hospitals clinicians and practitioners through

0:23:06.316 --> 0:23:10.596
<v Speaker 1>this time. Having said that Governor Cuomo in New York

0:23:10.596 --> 0:23:15.676
<v Speaker 1>State where I practice, granted civil and criminal immunity to

0:23:16.036 --> 0:23:20.876
<v Speaker 1>healthcare practitioners on Friday, backdated to March seventh, to give

0:23:20.916 --> 0:23:25.516
<v Speaker 1>protections obviously not for anything that was ill intentioned, but

0:23:25.836 --> 0:23:28.996
<v Speaker 1>to give protections for anything that may result during this

0:23:29.076 --> 0:23:31.036
<v Speaker 1>time when we are working as hard as we can

0:23:31.076 --> 0:23:33.516
<v Speaker 1>to save lives. Yeah, and that which was advocated for

0:23:33.516 --> 0:23:35.396
<v Speaker 1>were very strongly by two of my colleagues at Harvard

0:23:35.436 --> 0:23:38.836
<v Speaker 1>Law School, Glen Cohen and Andrew Crispo, as part of

0:23:38.836 --> 0:23:42.356
<v Speaker 1>a broader team, is aimed at just making sure that

0:23:42.396 --> 0:23:44.276
<v Speaker 1>of all the worries that you the physicians have, you

0:23:44.316 --> 0:23:47.156
<v Speaker 1>don't also have the worry about being suitor being prosecuted. Well,

0:23:47.196 --> 0:23:49.436
<v Speaker 1>thanks to your colleagues for that. Thank you so much

0:23:49.516 --> 0:23:52.716
<v Speaker 1>for talking through these really, really hard questions with us.

0:23:53.156 --> 0:23:55.436
<v Speaker 1>I think it's super useful for me and for listeners

0:23:55.876 --> 0:23:57.196
<v Speaker 1>to get a sense of what it's like on the

0:23:57.236 --> 0:23:59.156
<v Speaker 1>front lines, and what are the issues you're struggling with,

0:23:59.556 --> 0:24:01.676
<v Speaker 1>and also how you're thinking about the big picture issues

0:24:01.716 --> 0:24:04.476
<v Speaker 1>that we hope you won't have to confront, but you know,

0:24:04.476 --> 0:24:06.356
<v Speaker 1>if we're not lucky, you may indeed have to. Thank

0:24:06.356 --> 0:24:09.996
<v Speaker 1>you so much for your time. Thank you. Speaking to

0:24:10.036 --> 0:24:13.956
<v Speaker 1>doctor Lydia Dugdale really brings home the difficulties that are

0:24:13.996 --> 0:24:17.756
<v Speaker 1>facing medical ethicists as they try to make extremely challenging

0:24:17.836 --> 0:24:22.636
<v Speaker 1>decisions under circumstances of genuine shortage. On the one hand,

0:24:22.756 --> 0:24:26.396
<v Speaker 1>we have some pre existing protocols to analyze under what

0:24:26.476 --> 0:24:30.396
<v Speaker 1>circumstances care should be allocated. Those are tricky and subtle

0:24:30.556 --> 0:24:33.236
<v Speaker 1>and have to be handled with great delicacy, but at

0:24:33.316 --> 0:24:36.396
<v Speaker 1>least they're already in place and enjoy a certain degree

0:24:36.436 --> 0:24:40.076
<v Speaker 1>of consensus for medical ethicists. Then there are the brand

0:24:40.156 --> 0:24:43.996
<v Speaker 1>new questions, like the end of life questions associated with

0:24:44.036 --> 0:24:48.956
<v Speaker 1>the resuscitation of coronavirus patients on those issues. The jury

0:24:49.036 --> 0:24:52.876
<v Speaker 1>is very much still out and new circumstances are demanding

0:24:53.156 --> 0:24:56.916
<v Speaker 1>new kinds of ethical wanging. We're fortunate to have serious

0:24:56.916 --> 0:25:00.716
<v Speaker 1>people like doctor Dugdale thinking about these questions until I

0:25:00.716 --> 0:25:03.396
<v Speaker 1>speak to you the next time. Be careful, be safe,

0:25:03.556 --> 0:25:08.796
<v Speaker 1>and be well. Deep Background is brought to you by

0:25:08.796 --> 0:25:12.836
<v Speaker 1>Push Industries. Our producer is Lydia gene Coott, with research

0:25:12.876 --> 0:25:16.436
<v Speaker 1>help from Zoie Edwyn. Mastering is by Jason Gambrell and

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<v Speaker 1>is composed by Luis Gara. Special thanks to the Pushkin Brass,

0:25:24.156 --> 0:25:28.076
<v Speaker 1>Malcolm Gladwell, Jacob Weisberg, and Mia Lobel. I'm Noah Feldman.

0:25:28.516 --> 0:25:31.236
<v Speaker 1>I also write a regular column for Bloomberg Opinion, which

0:25:31.276 --> 0:25:34.556
<v Speaker 1>you can find at Bloomberg dot com slash Feldman. To

0:25:34.596 --> 0:25:38.156
<v Speaker 1>discover Bloomberg's original slate of podcasts, go to Bloomberg dot

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<v Speaker 1>com slash Podcamists. You can follow me on Twitter at

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<v Speaker 1>Noah R. Feldman. This is Deep Background.