Age or a disability should not play a role in the scarce treatment capacities in intensive care units. So far there is no legal framework, only recommendations for doctors.
People with disabilities and the elderly should not be disadvantaged when treatment capacities in intensive care units are scarce in the event of a pandemic. On Thursday, the Bundestag passed a law by the traffic light coalition on so-called triage. The term means that doctors establish an order of who gets treatment first when beds or ventilators run out. According to the law, a decision should be made in such a case based on the “current and short-term probability of survival” of a patient. Other criteria such as age or disability should not play a role.
More pandemics and infectious diseases are to be expected, said Health Minister Karl Lauterbach (SPD) on Thursday. So you have to be better prepared. “But in principle it must be clear that people with disabilities or older people are not disadvantaged, even in times of scarce capacities.” Politicians from several parties expressed the hope in the Bundestag that this law would never have to be applied.
The topic of triage had come into focus during the pandemic
The Union complained that the regulation should only apply to pandemics and not to natural disasters, war or terrorist attacks. The AfD spoke of an encroachment on the part of the state. The law is an expression of a deep mistrust of doctors, who should be deprived of the opportunity to make decisions for the benefit of the patients with bureaucratic rules.
The topic of triage had come into focus during the pandemic due to full intensive care units. A decision by the Federal Constitutional Court of December 2021 is to be implemented with the regulation. The court had decided that the state has a duty to protect people from discrimination because of their disability. The legislature was instructed to make provisions for this. So far there is no legal framework, but scientifically developed recommendations for doctors. The amendment to the Infection Protection Act that has now been passed still has to be passed by the Bundesrat. However, approval is not required.