THE DICHOTOMY OF SOCIAL ISOLATION IN A GLOBAL PANDEMIC: WHEN THE POWER TO PROTECT ACTUALLY HARMS

Abstract

Publisher's Note:  This article is a reprint of an article from the Fall 2020 issue of the ANNALS OF HEALTH LAW AND LIFE SCIENCES, Advance Directive, which is a publication of the Student Health Policy and Law Review of Loyola University Chicago School of Law and a department of the School of Law, the Beazley Institute for Health Law and Policy. We are most grateful to these organizations for giving us the ability to publish their article on what we regard as a critically important subject.

Abstract: The COVID-19 pandemic is a global public health crisis. As of December 1, 2020, there have been over sixty-three million cases worldwide, with more than 1.4 million deaths directly related to COVID-19. The United States has suffered more than thirteen million cases and over 270,000 deaths thus far. To mitigate the spread of the virus, governors across the United States issued various executive orders mandating stay-at-home quarantines. Many of these executive orders have been renewed or extended repeatedly as the pandemic continues. Although isolation does decrease the spread of the virus, it also causes an accelerated decline in the mental and physical health of elderly nursing home residents. This topic is relevant because more than fifty-four million United States citizens are aged 65 and older. Furthermore, over 40% of all COVID-19 related United States deaths have occurred in nursing home residents.

There is no question that the government orders which mandated stay-at-home provisions, forced mask-wearing, prohibited travel, and suspension of all non-essential businesses and public gatherings, were essential in containing the spread of COVID-19. However, on first impression, social distancing focuses too narrowly on controlling viral spread rather than considering the effects on vulnerable populations, such as the elderly in nursing homes. The draconian nature of quarantine has resulted in collateral damage in the form of an accelerated decline in nursing home resident's mental and physical health. While the purpose of these restrictions may have been to prevent viral spread to this vulnerable population, the isolation has also caused a disproportionate impact on marginalized populations, such as the elderly.