Justification and Limitations of the Duty to Treat.

Abstract

Do healthcare workers have a duty to treat contagious patients, even when it poses risks to their own health and lives during a pandemic? This article explores various justifications proposed in the literature to support such a duty. However, it contends that none of these provides a strong enough basis for establishing an absolute duty to treat-although it acknowledges that the bar of justification may be raised when working on more clear and explicit conditions in contracts and codes of ethics, among others. Furthermore, even if such a duty were acknowledged, it must be weighed against healthcare workers' other duties toward their families, co-workers, and personal well-being. Moreover, the duty to treat is argued to be contingent on the circumstances in which healthcare professionals operate, including access to adequate personal protective equipment provided by their institutions. It would have to be balanced against their right to safe working conditions. Within this context, the duty to treat is inherently tied to the preparedness of the State, healthcare systems, or institutions to effectively respond to emergencies.