One of Yong’s more interesting characterizations
is to describe the Trump administration as a “COVID-19 comorbidity.” We haven’t looked that closely at the liability of the state in either administering or providing healthcare. Yong emphasizes that the American healthcare system is particularly susceptible to breakdown in situations of pandemic due to its largely private character. Most hospitals try to limit their baseline staffing and capacity given the economic exigencies of running a private hospital. They tend to be prepared for treatments that have been provided recently or would be more profitable generally.
At the same time Yong rightly points out that many of the world’s most able and expert medical practitioners work in the American hospital system and/or domestic scientific research. He thinks that the inability and unwillingness to tap this resource of expertise was not only unfortunate but also a direct contributor to the deaths of many. For superficial political reasons, the Trump administration removed American WHO appointees who had been present in China not long before the Covid outbreak and. In addition, predictions of pandemic which had been provided to the administration by people such as Yong himself, had been shelved for reasons that had yet to be explained. This otherwise inexplicable behavior was only exacerbated by the Trump administration’s response to the foreign and then domestic spread of the virus which was to suppress evidence of its transmission and to restrain any effort on the part of a federal agency to provide coherent policy in the early stages of the pandemic.
All of this is clearly evidence of mismanagement and politically inspired equivocation. Yong makes the additional statement — which is incredibly relevant not only to our assessment of this historic event but also to the liability of current government officials — that the Trump administration was a comorbidity just as smoking might have been. Since tobacco companies and insulation manufacturers have been found liable for deaths resulting from their negligence. Might it also be possible that those who administer public health policy might be liable for negligence when they suppress information about the danger about a situation that they’re responsible for or promote public health policy that is not reasonable given how informed they might be of the relevant scientific data. Why should a physician be culpable for malpractice but not a public health official who is also compensated for his or her work and therefore has an obligation to conduct him or herself without negligence. There are two possible ways of understanding this failure. One is in the structural sense in which the American healthcare system is poorly equipped to deal with a pandemic because of the profit motives that are ultimately most determinative. We could also assess liability in a more specific way by looking at particular individuals who have been tasked with administering policy which is not political anymore than the treatment of a given doctor is political, but should be assessed according to medical health criteria. Rarely before has there been such medical disregard in the midst of such a health crisis, but this might provide incentive to articulate a more coherent policy of oversight for public health officials.