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56 New Eng. L. Rev. F. 1 (2022)

handle is hein.journals/remand56 and id is 1 raw text is: Desperate Measures for Desperate Times: Can Physicians Refuse to Treat Unvaccinated Patients? MICHAEL CONKLIN* INTRODUCTION In January 2021, new COVID-19 cases in the United States peaked at over 300,000 daily.' Due largely to the distribution of three COVID-19 vaccines, these numbers dropped to less than 12,000 new cases in June 2021.2 Unfortunately, a new, more contagious variant of the virus- Delta-began spreading bringing the daily average back up to around 180,000 by the end of August 2021.3 As of August 23, only 51.8% of the U.S. population was fully vaccinated.4 Alabama was hit particularly hard in August with 55% of the state's intensive care unit beds occupied by COVID- 19 patients.5 In August 2021, a physician in Alabama made headlines when he refused to treat patients who had not received COVID-19 vaccinations.6 He stated that while he will not force anyone to take the vaccine, [he] also cannot continue to watch [his] patients suffer and die from an eminently preventable disease.7 This Essay examines whether such a refusal to treat unvaccinated patients is legally justified and further notes what potential exceptions exist. Finally, pragmatic arguments for and against the practice Powell Endowed Professor of Business Law, Angelo State University Coronavirus: United States, WORLDOMETER, https://perma.cc/JS4H-24JT/ (last updated July 9, 2022, 19:41 GMT) [hereinafter Coronavirus: United States] 2 See id. 3 See id. 4 U.S. COVID-19 Vaccine Tracker: See Your State's Progress, MAYO CLINIC, https://perma.cc/YDP9-R7BJ (last visited July 9, 2022). 5 Alabama's ICU Bed Deficit Balloons to 53 as COVID-19 Surge Continues, WSFA NEWS (Aug 23. 2021, 6:31 PM EDT), https://perma.cc/2X7R-LMG9. 6 Antonio Planas & Caroline Radnofsky, Alabama Doctor Pledges to Stop Treatin Unvaccinated Patients, NBC NEWS (Aug. 20, 2021, 1:25 PM EDT), https://perma.cc/PC9Y-3ZPD. 7 Id. 1

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