Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?

by minimus 40 Replies latest jw friends

• 

  rebel8

  Technically in the UK if this happened it would be classed as assault, and a criminal offence, which is by its nature imprisonable.

  It is the same in the US. Suing is an add-on. Lots of people in the US think suing is the appropriate remedy to just about anything.

  Again, isn't there some kind of damage inherent in assault? How was this man damaged?

  http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13

  I think the issue is that this doctor did something this woman asked him not to do to her body--an invasive thing in fact--which is considered battery.

  Compare this to the fact that an ambulance taking you somewhere you asked them not to is considered kidnapping.

  The additional issue is that he broke Arizona law by disregarding her Advanced Directive. Some physicians have been known to do this in cases when they believe their ethical duty to save lives outweighs following a misguided Advanced Directive. That is why patients are widely encouraged to discuss these issues w/their doctor ahead of time to ensure they're willing to follow your wishes.

  Snoozy, your husband's experience is very strange. Was that recently? I'm sure the jwn nurses will tell you how elaborate and full of steps the process is to administer blood. Maybe they were asking him in order to verify the chart's accuracy--standard practice to ask repetitive questions like that. They don't always check the chart in front of you.
• 

  minimus

  Good discussion here.
• 

  minimus

  I'll bet the Society will get involved in this one.
• 

  John Doe

  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.

  Let me ask you this. What are your damages if a cop comes up and randomely decides to strip search you? He doesn't tear your clothes, but he's not particularly gentle as he runs his hands everywhere, including into your anal cavity. Admitedly this is an intentional act. But still, what are your damages? Will you come up to him later and thank him for working to combat crime and keeping you safe?
• 

  dinah

  The blood issue puts doctors between a rock and a hard place. The doctor was trained to save lives, and use whatever treatments he can to do so. Then along comes a religious nut who refuses life saving treatment all over a scripture buried somewhere in Leviticus.

  Most all of the doctors I've known value human life and do anything in their power to save it.

  But, if a patient refuses treatment, they refuse treatment.

  Why would you end up needing a blood transfusion over heel surgery?
• 

  cognizant dissident

  Let me ask you this. What are your damages if a cop comes up and randomely decides to strip search you? He doesn't tear your clothes, but he's not particularly gentle as he runs his hands everywhere, including into your anal cavity. Admitedly this is an intentional act. But still, what are your damages? Will you come up to him later and thank him for working to combat crime and keeping you safe?

  Oh, I see you're using three watchtower-ish techniques in your argument. First, is answering a question with another question which is the same as not answering the question at all, second, is making a poor analogy by comparing two very dissimiliar events, and the third is trying to introduce an emotional "hook" into the argument by comparing a necessary medical procedure to the violation of a sexual assault.

  In spite of all these cheap courtroom tricks of yours, I would say you are ultimately agreeing with me. The damages in the second case are the same as I said they were in the first case. Mental anguish.
• 

  dinah

  Ex-Dubs get hung up on sex. We were raised that way.
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  wha happened?

  I am very protective of right to life situations. My Father was diagnosed with cancer and his prognosses went from bad to worse. One day the physician walked in and said it was 30 days at best. My Dad said stop treatment then. The Dr said now it's weeks. My Dad said then fine, don't feed me or sustain me. Dr said 3-4 days. Dad said fine.

  Dad chose his method of death and didn't flinch. The entire familoy tried to go to the courts to block it and I trumped them. I appealed for Dad;s decision and the judge agreed. I was with him and he decided how and when. On day 4 he died. I hope I have the balls that he has.

  I suppose if an F'up JW wants to kiss death for some wacky theory, fine go for it, as long as u are not a minor
• 

  John Doe

  Cog, my point is that rights violations often do not result in tangible damages. That, however, in no way justifies rights violations.
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  cognizant dissident

  I never said that it did. I just asked what the damages were. How would one award for damages where it is difficult to show any damage?