The Florida Times-Union
May 12, 2004
Judge overrides parents on giving blood to baby
By CHERIE BLACK
The Times-Union
A circuit judge in Duval County has ordered the parents of a premature baby to allow doctors to give him blood transfusions they believed would save his life.
The baby's parents, Deliah Floyd and Doward Carter, are Jehovah's Witnesses, and their faith prevents them from receiving treatments that include blood transfusions. Both parents refused to allow their son to receive a blood transfusion, prompting the hospital to seek legal intervention.
--------------------------------------------------
Religious tenets
Christian Science: It's not normally acceptable for adults, but parents usually consent to transfusions for their child if doctors consider it essential. It is not normally acceptable for adults to donate or receive organs.
Muslims: Blood transfusions are accepted. While there is no specific tenet prohibiting transplants, strict Muslims will not agree to organ transplants.
Jehovah's Witnesses: They view taking blood into one's body as morally wrong and is therefore prohibited. This includes whole blood or its components, such as packed red cells, plasma, white cells and platelets. Organ donation is generally not accepted.
Rastafarianism: There are anxieties about blood transfusions because of concerns about contamination of the body. Organ donation isn't generally accepted.
--------------------------------------------------
According to court records, the baby was born Saturday at Baptist Medical Center and is in the neonatal intensive care unit at Wolfson Children's Hospital. The baby, born three months early and weighing about 1 pound, 6 ounces, is described in court records as "severely premature."
State Attorney Harry Shorstein, whose office sought the court order, said the child is in critical but stable condition after receiving two transfusions.
Cindy Hamilton, director of communications for Baptist Health, the umbrella organization over Wolfson Children's Hospital, said the hospital respects parents' wishes. However, in extreme circumstances where the parents' refusal to consent to treatment could endanger the child, the State Attorney's Office is notified.
If an order is issued overriding the parents' refusal, the hospital provides the treatment authorized by the court, Hamilton said.
"Under Florida law, in medical emergencies involving children or pregnant women, for example, if a person refuses medical attention such as blood transfusions, the state attorney has to be the one who originally determines if, as in this case, we force the parents to do it," Shorstein said.
His office coordinated an emergency hearing Saturday evening, after being contacted by the hospital, and served the child's parents with a court order. Shorstein said the parents made their objections known but didn't want to be at the scheduled hearing before Judge John Skinner.
Physician Sandra Suchomski said in the petition the baby's condition was deteriorating, and treatment including a blood transfusion was necessary. She said no medical alternatives were available, and without the transfusions the baby would die or suffer life-threatening injury, according to the petition.
Shorstein said it took his office several attempts to find a judge to consider the court order. After conducting a hearing by telephone, Skinner granted the state's petition.
The parents declined to comment to the Times-Union.
Ken Hurley, president of the ACLU of Greater Jacksonville, said while it is a difficult situation, the ACLU doesn't support the rights of adults making decisions based on religion that could put a child in danger.
"Parents don't have the right to make decisions that may cause significant harm, especially if the child doesn't have decision-making capabilities," he said. "Obviously in the case of a premature baby, that applies."
Shorstein said his office sees such cases about twice a year. Often the judge can talk to the parents and change their minds, he said.
"I am very proud of our coordinated effort," Shorstein said. "On a Saturday evening we were able to administer our judicial system efficiently and effectively at great speed and hopefully save a life."
cherie.blackjacksonville.com, (904) 359-4504