In cases of scarce medical resources, medical staff is faced with tragic choices about which patient to help and how to allocate resources, and this arises the question as to which criteria should be considered in making these choices. Doctor who does not help a certain person because of scarce resources, does not commit a crime, due to the principle that we cannot expect the impossible. Into play comes the institute of justified collision of duty, which excludes illegality. However, the situations of so-called ex post collisions are different, when the medical resource is needed by both the patient who is already using the device and the one who is still waiting for it. The criteria of triage are not regulated by law, however certain conclusions can be reached on the basis of constitutional principles and ethical theories - deontology and utilitarianism. The law in principle derives from the deontological commitment that prohibits weighing of lives. One of the possible solutions is to exclude such difficult ethical situations from legal regulation and apply the concept of lawless space. In any case, certain guidelines would make it easier for medical staff to make decisions, perhaps even with the help of artificial intelligence in the future.
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