The Pandemic, Medical Ethics, And Baseball: What Exactly ARE “Essential Surgery And Medical Procedures”?

One of the policy and medical ethics issues that is looming larger as the pandemic continues is the requirement that hospitals not be burdened by  “non-essential surgery and medical procedures.”

I agree: it would have been better if  Ethics Alarms has more precisely defined “essential surgery and medical procedures”  in the previous post on the issue, when I examined the question of whether abortion can be ethically put in that category as Texas and Ohio have decreed. Abortion, as that post noted, is a particularly poor  choice for such analysis, given that our society cannot agree on what it is, other than the Supreme Court’s ruling that whatever it is, a woman has a Constitutionally right to do it.

Incidentally: can we agree that there is also a constitutional right to have any surgery or medical procedure? It hasn’t been specifically stated by the Court, but I assume that the abortion precedent applies to everything else as well, from having a kidney transplant to getting a wart removed to acquiring breast implants. These would all fall under the right of privacy and inalienable rights of life, liberty and the pursuit of happiness. Forbidding any surgery, non-essential or otherwise, is a big deal, and my guess is that a judicial challenge to the whole concept would stand a substantial chance of success. What is essential surgery to me might not be such to you, but frankly, my dear, I don’t give a damn, and unlike an abortion, my procedure isn’t killing anyone. Continue reading

Comment Of The Day : “Thank God This Miserable Week Is Over Ethics Review, 3/27/2020: Of Pangolins, Pandemics And Pronouns”

Today’s wet market special: bats! Yum-yum.

Let me introduce the Comment of the Day by once again acknowledging the consistently excellent contributions to Ethics Alarms made every day by the commentariat here. I know a lot of people who don’t read the comment sections of blogs and websites; heck, I usually don’t, and the reason I don’t is that they are almost uniformly horrible and depressing. Horrible, because even in the cases of some superb blogs, they are reliable pits of name-calling and hackneyed talking points I have read elsewhere, full of poor reasoning and biased, lazy opinions lacking support or genuine understanding. Depressing, because I know they are representative of the general public, perhaps even positively so, since the real mouth-breathers don’t read about substantive topics at all, and couldn’t write about them literately if they did.

I know I complain too much about the traffic here. Since what has been called “The Great Exodus,” when those slowly succumbing to Trump Derangement left in a huff because I insisted on refusing to join what is tagged here as the 2016 Post Election Ethics Train Wreck, and Facebook arbitrarily and mysteriously knocked the pins out of a major source of circulation and growth by banning links to the blog, my hopes of reaching a sufficient audience  to allow some income-producing activities here have been dashed. I don’t do this for profit (obviously), but some income would help–as you might expect, this is especially on my mind now. I was this close to topping the 5000 views a day level that is the minimum required to monetize a blog at the end of 2016, then our angry progressive friends left, and even 4000 a day is usually a faint hope. Still, I can’t complain about the quality of the comments, which, if anything, is stronger than ever, as is the variety of views and topics that arrives through them. I really should be grateful for that, and stop bitching. Together we have a superb product, getting better after a decade.

Humble Talent is one of the reliable stars here, with a unique outlook and a no-nonsense style. Before I started annually failing to deliver The Best and Worst of Ethics Awards (2019 was the third straight flop; maybe next year…), he had been a recipient of Commenter of the Year.

Here is his Comment of the Day on the post, : “Thank God This Miserable Week Is Over Ethics Review, 3/27/2020: Of Pangolins, Pandemics And Pronouns”:

We don’t have any conception under God how many people are actually affected. We don’t know the morbidity rates. We don’t even know the number of people who have died from the Wuhan Flu.

I used to say that we knew the numerator when it came to deaths, and that the percentages that we were hearing were worst case scenarios, because the denominator was always going to be much, much higher, so the rate was almost certainly artificially inflated. That remains true when talking about cases coming out of first world democracies… We know, roughly, how many people died from Flu related complications, but we don’t know how many people have had the Flu. For weeks now, Canadians have been told that if they’re experiencing symptoms, but those symptoms are not serious enough to warrant a visit to the emergency room, they need to stay home. Either they have it and we don’t want it walking around outside, or they don’t have it and we don’t want them bringing exciting new complications into our medical centers. The massaging in the states has been mixed, but there’s a lot of similar sentiment out there. The vast, vast majority of people who think they have the Flu won’t be tested, and there is a large slice of the pie that get the Flu but never develop symptoms.

And then you have third world, tin-pot communist dictatorships like China, Information Black Holes like Russia and places that don’t have sufficient medical facilities like most of Africa. Who knows what the numbers are out of places like this? I’ve seen chilling images and video coming out of China, pictures of of cremation packages stacked up outside of funeral parlors because they ran out of room inside. I don’t know if that’s representative, but I think it’s likely. 40 million cell phone users have been cut off from the rest of the world in the heart of China, and China has not reported a single Flu related death in a week. Continue reading

Yeah, “We’re All In This Together,” Except When Officious Fools With A Little Bit Of Power Have Dead Ethics Alarms, As They So Often Do.

 

….that is, if this infuriating story is true, which it might not be.

On an American Airlines flight with just eleven passengers, Yahoo! tells us, the flight attendants made all eleven sit in the last three rows, next to each other, because if they were allowed to spread out, they were told, it would be the equivalent of an upgrade. All eleven had purchased basic economy tickets. An unnamed American employee apparently revealed the episode, which occurred on March 24. That was the same day American started a new policy, specifically directing flight crew to spread out passengers to minimize the threat of Wuhan virus infection.

Now, as reported, this is mind-meltingly stupid. Some elements do need to be considered, however: Continue reading

I Have To Ask: Is This Really A Hate Crime?

Jose L. Gomez, 19,  is accused of stabbing three members of a family of four, including a 2-year-old and 6-year-old child,  that he encountered in a Texas store. The family was Asian -American, and the FBI’s report states “The suspect indicated that he stabbed the family because he thought the family was Chinese, and infecting people with coronavirus.”

Gomez has been charged with three counts of attempted capital murder and one count of aggravated assault with a deadly weapon. Federal prosecutors are considering adding federal hate crime charges.

Obviously these are serious crimes, but why are they hate crimes? As I read the facts, no hate was necessarily involved, just fear and stupidity. Continue reading

Ethics Observations On A Case Study In Combining Bad Journalism With Bad Science

Yes, it’s the New York Times again. I use that paper for the majority of the Ethics Alarm unethical journalism posts for a few reasons. One is that the paper comes to my door every day, so I read a lot of articles that I might miss on the web.  Another is that the Times is the most successful and influential newspaper in the country,  and its work is more closely followed and more criticized than any other paper, and most news sources generally. The Times also advertises itself as the nation’s “paper of record,” placing itself on a pedestal with standards of integrity and reliability that it is obligated to meet….and does not. Finally, the paper is unacceptably biased in its political coverage and editorial product.

Today’s “Where America Didn’t Stay Home Even as the Virus Spread”  is far from then times at its worst. It is, however, unacceptable and unethical. I’m not even in disagreement with the piece’s main thesis, which is that the regions that have not imposed shelter at home restrictions on the public are at more risk of exploding Wuhan virus cases. That makes sense; that’s even obvious. However, the Times’s main tool in making a case was the map below, which it explained this way:

“Stay-at-home orders have nearly halted travel for most Americans, but people in Florida, the Southeast and other places that waited to enact such orders have continued to travel widely, potentially exposing more people as the coronavirus outbreak accelerates, according to an analysis of cellphone location data by The New York Times. The divide in travel patterns, based on anonymous cellphone data from 15 million people, suggests that Americans in wide swaths of the West, Northeast and Midwest have complied with orders from state and local officials to stay home.”

Continue reading

Incompetent Elected Official Of The Month: Georgia Governor Brian Kemp, Or “What A %#$!@ Idiot!”

In more shocking news, I now have it on good authority that the Pope is Catholic…”

Kemp should resign over this.

Yesterday, Governor Kemp said he  had just learned some “new information,” and was “finding out that this virus is now transmitting before people see signs.”

“Those individuals could have been infecting people before they ever felt bad, but we didn’t know that until the last 24 hours,” he said.

He added that the state’s top doctor told him that “this is a game-changer.”

He should resign too.

Game-changer? I knew that asymptomatic people could spread the disease after Dr. Fauci explained that in a press conference in late January. It was being openly discussed on television and in the news reports in early February. When I did my last live ethics seminar on March 5—in Atlanta!—the lawyers were all discussing the fact that they couldn’t be sure if they were infected, or if I was.

And this idiot goes to a podium and says;  ‘Stop the presses! I just found out that people who feel fine might still spread the virus!’ Continue reading

High Noon Ethics Showdown, 4/2/2020: Reality Dawns

Yyyyyyup!

Interestingly, the usually busy street bordering on our cul de sac looks just like this right now, except Gary Cooper isn’t anywhere to be seen…

1. What? The U.S. does NOT have more Wuhan virus cases than China? How can that be??? Senator Ben Sasse (R., Neb.), hardly a knee-jerk Trump apologist, who sits on the Senate committee that deals with classified intelligence, said the Chinese Communist Party continues to lie about the death toll from the virus. He has said information he has viewed shows the United States does not surpass China in terms of deaths. This was obvious to anyone not actively trying to use the spread of the illness for partisan advantage, but it’s nice to have confirmation.

“The claim that the United States has more coronavirus deaths than China is false,” Sasse said yesterday. “Without commenting on any classified information, this much is painfully obvious: The Chinese Communist Party has lied, is lying, and will continue to lie about coronavirus to protect the regime. Beijing’s garbage propaganda shouldn’t be taken seriously by the World Health Organization, by independent journalists, or by the American epidemiologists who are going to beat this terrible virus.”

This, of course, further impugns the news media. Stephen Kruiser wrote,

“Every day, they find new ways to reinforce the “Enemy of People” status that they have been earning every day in the Trump era. They’ve routinely scolded anyone who accurately refers to the virus as being of Chinese origin, screaming “RACISM!” as if they were getting paid each time they uttered or typed the word. What has been most insidious has been the parroting of whatever China reports about the virus. Almost everyone in American media has been acting as ChiCom public relations lackeys, taking everything that the Chinese government says and passing it along without questioning any of it.”

Continue reading

Vermont Crosses The Line: When Government Is Cavalier About Restricting Our Liberty, It’s Time To Push Back

Right wing pundit Sarah Hoyt has been at the forefront of those arguing that it would be better and safer to accept the risk  of more deaths from the Wuhan virus than to allow state governments to behave like police states. So far, I have thought she was wrong and unduly paranoid, but Vermont’s latest action has me agreeing with her response, which was, “I’M SORRY. ARE THE PEOPLE OF VERMONT ALL OUT OF MIDDLE FINGERS?”

From the Burlington Free-Press (Bernie Sanders was once mayor of Burlington. That’s just something to keep in the back of your mind, as this episode suggests the slow but deadly spread of the Totalitarian Left Virus, which may eventually need to be called “the Burlington Virus”):

Large Vermont retailers such as Target, Walmart and Costco are now required to limit the sales of non-essential items in order to mitigate the spread of COVID-19. The directive was announced by the Agency of Commerce and Community Development on Tuesday. The agency hopes it will reduce the overall number of people going into stores to purchase items such as clothing, electronics and toys during the state’s “Stay Home, Stay Safe” executive order.

“Large ‘big box’ retailers generate significant shopping traffic by virtue of their size and the variety of goods offered in a single location,” said Lindsay Kurrle, secretary of the Agency of Commerce and Community Development in a news release.  “This volume of shopping traffic significantly increases the risk of further spread of this dangerous virus to Vermonters and the viability of Vermont’s health care system.”

Retailers are being asked to promote online ordering, delivery and curbside pickup to customers….

The order is here. Continue reading

Pandemic Ethics Dilemma: The Universities And Colleges Need To Keep Their Students’ Money, But They Are No Longer Earning It.

A class action lawsuit has been filed against the Arizona Board of Regents, the governing board for Arizona’s three public universities, because the three schools have refused to refund room, board and campus fees to students who were told to leave campus because of the Wuhan virus. Like virtually all US colleges and universities, Arizona State University, University of Arizona and Northern Arizona University, moved their classes online  for the remainder of the Spring  semester. Students who lived on-campus were either told to move out or encouraged to do so. Yet, the  lawsuit says, the Arizona Board of Regents has refused to offer refunds for the unused portion of the students’ room and board and their campus fees. The lawsuit seeks payment of the prorated, unused amounts of room and board and fees that the class members paid but were unable to use.

How can the schools maintain that it is ethical for them to do this? I understand that having to refund the money will be disastrous for them, but they are literally keeping advance payments for services that the schools will no longer provide. I expect to see more such suits, and on the basis of law, equity, ethics and common sense, I don’t see how the institutions can prevail in them. Continue reading

Comment Of The Day: “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”

Veteran commenter Michael  Erjecito’s comment on another post about the pandemic included the line, “When this emergency ends, we will give back all powers, without exception.” Chris Marschner used that statement as his departure point in this Comment of the Day on a separate EA post, Item #4 under the title above, which involved Governor Ralph Northam’s “order” restricting the freedoms of  Virginians. Since I had started a post on the topic of draconian government restrictions that are Constitutionally questionable, I was grateful to see Chris had attacked it with his usual verve.

Here is Chris Marschner’s Comment of the Day on the post, “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”:

I am beginning to believe this event is a government dress rehearsal for a much more draconian event later on. One must test the limits of what the public is willing to endure from governmental decrees lest we see the people charging the statehouses with torches and pitchforks.

Ok, enough of my melodrama. But the quote above is indicative of the risk of a different type of loss well after this virus disappears.

I keep hearing that Trump ignores science or that he relies on hunches and not data to make quality decisions. Well at 8 pm yesterday, Maryland Governor Larry Hogan (R) issued the stay at home order or face fines of $5,000 and/or a year in jail. In that decree, there is absolutely no mention as to the scientific data that he used to trigger the order and thus there is no data to indicate when he would lift the order.

 There is also no specific data-driven rationale for a Stay At Home order when all types of recreational activities are allowed as long as they are in groups of 10 or fewer. How exactly does the data suggest that grocery stores filled with hundreds of people crowding the aisles will cause less of a problem than a non-essential service like a mom and pop jewelry store or a scuba shop that usually have fewer than 10 people in it any given time? Why is it that the data supports Home Depot and Walmart being allowed to sell non-essential goods because they are allowed to stay open because they offer other essential goods such as repair items, food, and medicine but a comic book bike shop or video-store must shutter its business?

My point is that for all the claims that decisions are data driven I would wager most decisions are driven by political calculus not necessarily on epidemiological considerations.

Furthermore, if we are to use data to drive decisions, that data must be understood by all in order to ensure that the people subject to the restrictions imposed will know if the government is abusing its governing powers. The terms of these orders should spell out specifically the triggers that cause regulatory restrictions and when those restrictions MUST be rescinded; these restrictions cannot be open ended and without definition.

The only data that we hear is the 2.2 million deaths that could have occurred had nothing been done, and Dr. Fauci’s equivocating statement that maybe as many as 200,000 might die – but don’t hold him to that—and, the ongoing death watch clocks prominently displayed on all the network news shows and web search engines. We never hear why this decision is made or why we are not doing something that some believe might be helpful. Tell me: are the anti-malarial drugs something to be considered as a treatment or a prophylaxes; neither or both? I suppose drugs are worthwhile and can be used off label with some effectiveness so long as they are not suggested by Donald Trump.

We cannot use infection growth rates as growth rates as a trigger because they may be much higher initially with low absolute numbers. Going from 10 cases to 30 cases an increase of 20 cases is a 300% increase but going from 100 cases to 120 cases is only a 20% increase. Then the issue is where are the cases occurring? Should a county with few infections be subject to the same restrictions as a highly populated hot spot?

I do wish the media would stop confusing the public by switching between growth rates, absolute numbers and per capita values. When the press states that on a per capita basis the US lags other nations in testing, that suggests we are not doing enough even if we have tested three times the amount of others. Growth rates don’t mean beans if you don’t have a basis from which to measure. Growth rates and absolute values must be used in tandem to make them meaningful.

Many in the media and some within our commentariat believe there has been an abysmal failure at the federal level to adequately plan for such a pandemic. NO, the Governors and legislatures of the respective states have been an abysmal failure at preparing for such an emergency. In my state, Maryland, we have the Office of Emergency Preparedness.  (https://preparedness.health.maryland.gov/Pages/About.aspx)

How prepared is Maryland Governor Hogan?

On the Resources page there is not one mention of the Covid-19 virus under infectious threats. We are still mentioning Middle East Respiratory Syndrome (MERS), Ebola, and Zika but all is quiet on the Chinese Flu front.

Is the reference to MERS a bigoted and racist term? I did not consider the others to have racist connotations because how many Americans know Ebola is named after a river in the sub-Saharan Africa and the others after other places in Africa. Our governor seems to be at odds with his own departments. We are prepared for any eventuality according to our state team. They say so!

https://preparedness.health.maryland.gov/Pages/Resources.aspx:

IS THE DEPARTMENT OF HEALTH PREPARED? Yes! The Department of Health Office of Preparedness and Response prepares in a variety of ways:

• Maryland Influenza Plan and Pandemic Influenza Plan
• Pandemic influenza exercises for emergency personnel
• Partnering with local, state, federal, and private agencies to prepare for, prevent, and lessen the impact of a flu pandemic
• Maintaining a stockpile of antiviral medications and medical supplies ( WHERE ARE THEY?????)

From their web pages we find that their preparedness program is merely a funnel for federal funds.

The mission of the Hospital Preparedness Program is to support and enhance the ability of hospitals and health care systems to provide effective care and save lives during emergencies. The Office of Preparedness and Response receives annual federal funding to advance these goals and objectives. The Maryland Department of Health awards these funds in the form of grants to our health care system partners across the state (including hospitals, free-standing emergency departments, emergency medical services, community health centers, and home care and hospice agencies). Health care system partners utilize the Hospital Preparedness Program funds to enhance their ability to prepare for, respond to, and recover from emergencies that pose a threat to the health and safety of the community. Continue reading