As an adult, in his right mind, it is his right to refuse blood and if the hospital goes against his wishes then yes, why shouldn't he sue, however if it's a child then I believe the court has a right to over rule the parents & church's decision as it's the childs' right to life.
Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?
by minimus 40 Replies latest jw friends
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cognizant dissident
I do agree that mentally competent adults have a right to refuse or consent to any medical procedure. So he does have a case although it could conceivable be argued that cult members are not in their right mind.
However, what are his damages. If the transfusion was an error, not deliberate, there would be no punitive damages. So what are his actual damages? He survived. He's not sick. He's better off. If he has suffered mental anguish and distress because of his beliefs being violated, then I could see the hospital having to pay for his therapy. I could also see him coming back to the hospital, after years of therapy, if the therapist is any good at getting him to face his delusions, and thanking the doctor for saving his life.
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John Doe
and thanking the doctor for saving his life.
You mean for screwing up his treatment, right?
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steve2
Why shouldn't he be allowed to sue the hospital - Americans are world-leaders in their litigious tendencies.
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cognizant dissident
You mean for screwing up his treatment, right?
If the patient is requesting sub-standard treatment due to his own ignorance and delusions and the doctor "accidentally" forgets and provides the standard "best" treatment for his condition, I don't know that I would classify it as "screwing it up". I'll concede that the doctor screwed up the sub standard treatment plan and replaced it with a better one.
You're studying law John, so I repeat my question. Just what were the patients damages in this case? Mental anguish is the best I could come up with.
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llbh
Technically in the UK if this happened it would be classed as assault, and a criminal offence, which is by its nature imprisonable. I doubt that any judge would allow a case such us this to proceed;especially as this appears to be an honest mistake.
David
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cognizant dissident
Again, isn't there some kind of damage inherent in assault? How was this man damaged?
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Fadeout
If he really feels that badly about violating God's law, he can open his veins and return the blood to the ground, as God wishes.
Remember, the path to salvation is down the road, not across the street.
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llbh
Damages can, and are awarded in case of assault, this man was assaulted in that his person was violated against his express wishes. albeit accidentally. I very much doubt that any judge would allow it to proceed though as the ramifications would be immense.
He may though a case in negligence, as they have a duty of care, and they may be liable. In the UK that is a civil matter and has the lower burden of proof
David
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Snoozy
When my JW hubby was in the hospital you wouldn't believe how many Drs and nurses asked him what his blood type was..they never looked at his chart that had the no blood papers in it. We had given a copy to any Dr or nurse that came in and yet they still didn't look to see what was in the chart other than what he had wrong with him.
The only way a JW can truly protect themselves is to have someone stationed by them at all times..even during tests..and have a big sign posted over their bed and a big sign on the end of the bed as they often just wheel the patient to tests and operations in their own bed...otherwise anything goes to the Doctors..they want to save lives..that's also why so many mistakes are made in hospitals..
Snoozy..
ps...when I had my knee operated on I was afraid they would operate on the wrong knee..I didn't have to worry..they came in with a black magic marker and drew all over the knee that was supposed to be operated on.
The patient has to take things into their own hands these days to insure they get the proper treatment!