I re-read the filing PDF. It states that on February 15, 2007, that Dr. Dessen was aware that Ms. Rodriguez was a practicing JW and “has strongly held beliefs against accepting any blood transfusions of whole blood, red cells, white cells, platelets or plasma”.
If the above statement is true, them my original post stands, but due to some wording within the filing, I now wonder if the Doctor was not actually aware of her position with blood when he agreed to take on this case.
Perhaps she didn’t discuss being a Witness or the blood restriction with him but is instead relying on the Advance Directive she signed upon admission to the hospital on February 19, 2007. The filing seems to stress the Doctor’s relationship with the hospital and needing to follow the hospitals procedures.
Due to the filing naming the Doctor’s wife as a Defendant in the action, I wonder if this Doctor is an employee of the hospital or is in private practice with only Surgery privileges within that hospital.
If the Doctor was not made aware of her ‘unique’ requirements before taking on her case, this would be unfair to him. Just as a patient can decide to pursue another Doctor if the initial Doctor will not abide by the patient’s wishes, then too, the Doctor should have opportunity to decline a case if the patient’s restrictions are not agreeable to the Doctor.
Any Doctor in regular treatment of a patient, would follow standard medical protocol when situations develop. Standard protocol would likely be to administer a blood transfusion for replacement of lost blood from surgery. If her opposition to blood was not highlighted to him when she consulted with him (only 4 days previous), his first thought would probably be to follow standard procedure. This could be done without even consulting the medical chart beforehand, but recording developments afterward.
If she did not discuss her opposition to blood with the Doctor during the initial consultation, I think SHE is then largely responsible for the outcome.
There seems to be inconsistencies to this story. Paragraph XVII states that the Advance Directive was signed and witnessed by a hospital employee on February 19 whereas p. XIX states that this same Advance Directive was provided to Admitting during the Plaintiff’s diagnostic testing two days prior. An unsigned and un-witnessed Directive wouldn’t be provided to admitting so, which is it?
Although, as some of you pointed-out, this filing seems to be filed by the Plaintiff, I can’t see a layperson knowing the wording used or even knowing how to go about such a procedure. Perhaps she has a previous template to follow or a 'Lawyer wanabe' guiding her through ths.