Justification and Limitations of the Duty to Treat

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.

Authors

Institutions

Publication Details

Journal
The Journal of Medicine and Philosophy A Forum for Bioethics and Philosophy of Medicine
Published
2025-05-14
DOI
https://doi.org/10.1093/jmp/jhaf017
Citations
1
Primary Topic
Disaster Response and Management
Type
article
Field-Weighted Citation Impact
2.52

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Justification and Limitations of the Duty to Treat

Gustavo Ortíz Millán
1 citations
The Journal of Medicine and Philosophy A Forum for Bioethics and Philosophy of Medicine
Disaster Response and Management
2.52
article

Justification and Limitations of the Duty to Treat

Gustavo Ortíz Millán
article en
1 citations

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.

The Journal of Medicine and Philosophy A Forum for Bioethics and Philosophy of MedicineVol. 50(5)
Universidad Nacional Autónoma de México (MX)
University of Oxford, Universidad Nacional Autónoma de México, Dirección General de Asuntos del Personal Académico, Universidad Nacional Autónoma de México
Openalex Percentile: Top 14%
Disaster Response and Management
2.52
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Justification and Limitations of the Duty to Treat — Gustavo Ortíz Millán · The Journal of Medicine and Philosophy A Forum for Bioethics and Philosophy of Medicine (2025) | TGRS Research Map | TGRS