As a layman, it seems to me that the cell saver operator breached her duties by leaving the operating room without first being relieved by someone competent to operate the machine in her absence. The court document doesn't make clear whether the suction was actually on or not, or whether it was supposed to be on or not. Regardless, the operator announced that the entire machine was contaminated and could not be used, and the surgeon had no basis on which to question or disbelieve her. So he did the only thing he could do: proceed with the surgery and do the best he could under the circumstances.
From this document, it seems that the cell saver operator was very (perhaps overly) concerned about the "Jehovah's Witness protocol" being broken and was therefore adamant that the cell saver not be used. Perhaps that would account for her seemingly hasty (and possibly erroneous) announcement that the entire machine was contaminated when it might not have been. In fact, it would not have been if the suction had not on at the time she left the room. That makes you wonder why it was on (if indeed it was) when the machine had not been needed or used up to that point.
It is obvious that the cell saver operator was more concerned about the protocol being broken than saving the patient's life by whatever means necessary. That makes me wonder if this operator is a JW herself. That would explain her determination that the cell saver not be used after the "circuit" was broken and her perhaps rash declaration that the whole machine was contaminated when it might not have been. That statement would buttress her position that the "JW protocol" had been broken and therefore the cell saver couldn't be used. If it turns out that the operator is in fact a JW, that could bring her true motives for declaring the cell saver machine contaminated into question. At least, it would for me.
The fact that the operator herself was unclear and perhaps mistaken about the "JW protocol" requiring a continuous circuit being established prior to the first incision and maintained at all times does not rule out the possibility of her being a JW herself. The Watchtower's ever-changing rules and interpretations on the "blood issue," even delving into medical minutiae that few laymen can understand, makes it hard for even HLC members (sometimes referred to as the blood policy Gestapo) to keep up with what is and what is not acceptable for true Christians allowed.
It is very sad that the patient died as a direct result of coerced adherence to a prohibition dictated by her religious leaders, based on questionable extrapolations of a few passages in an ancient book filled with myths and superstitions and contradictions. But the fact remains that the proximate cause of her death, however regrettable and unnecessary, was her decision to make that prohibition binding upon her doctors regardless of the potential outcome.
I think the Court was correct in this ruling. But the actions and motivations of that cell saver operator might well be looked into.
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