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39 Essex Chambers is a leading set based in London, Manchester, Kuala Lumpur and Singapore. Our barristers offer a depth of expertise in a range of specialist sectors and practice areas.
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This paper examines the problem of the provision of critical care services during a pandemic flu outbreak rendering those services sufficiently in demand that it is necessary for rationing to take place on the basis not of clinical need but of benefit: in other words, for a system of triage to be implemented. Such a situation poses acute ethical dilemmas and legal problems. The ethical dilemmas have been the subject of considerable examination by both international and national bodies (both governmental and non-governmental); the legal problems have not been the subject of such scrutiny.
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