http://www.minbcnews.com/news/story.aspx?id=1129875#.VH1MijHF_ng
"WASHINGTON (AP) -- The Supreme Court won't hear an appeal from the estate of a Michigan woman who died following a kidney transplant after turning down a blood transfusion because of her religious beliefs.
The justices on Monday let stand a state appeals court ruling that said the estate of Gwendolyn Rozier could not sue her doctors for negligence.
Rozier received a kidney from her daughter in a 2007 surgery but doctors later found that her body was rejecting the organ. She refused a blood transfusion, in keeping with the beliefs of Jehovah's Witnesses.
Rozier's estate accused the doctors of failing to timely recognize internal bleeding, among other allegations, which would have eliminated the need for a transfusion.
The Michigan appeals court said the transfusion was a necessary medical procedure under the circumstances."
http://www.mlive.com/news/detroit/index.ssf/2014/01/doctors_not_liable_for_death_o.html
"DETROIT, MI -- The Michigan court of Appeals ruled in favor of doctors Friday in the case of a woman who died at St. John Hospital in 2007 after refusing a blood transfusion because she was a Jehovah's Witness.
The estate of Gwendolyn Rozier sued several physicians and St. John Hospital, arguing that medical malpractice led to the need for a blood transfusion, and that doctors knew about her religious convictions but failed to prevent the loss and weakening of her blood after a kidney transplant.
Many Jehovah's Witnesses don't accept blood transfusions because of interpretations of bible passages that direct followers to "abstain from blood," according to JW.org, a website run by the Jehovah's Witnesses organization Watch Tower Bible and Tract Society of Pennsylvania.
Rozier, 55, of Oak Park, received a kidney from her daughter in a Aug. 15, 2007 surgery and returned to the hospital three days later complaining of abdominal pain.
Doctors found that her body was rejecting the kidney and could not save the transplant, in part because Rozier signed documents denying consent for a blood transfusion, and her husband stood by the denial, according to court documents.
The transplanted kidney was removed and Rozier died Aug. 29, 2007.
Rozier's estate argued that by prescribing blood-thinning medications, ordering daily removal of blood plasma and failing to recognize signs of internal bleeding, doctors contributed to the need for a blood transfusion and to her death.
But a Macomb County Circuit Court judge dismissed the case and the appeals court upheld that decision Friday.
"Reasonable minds could not disagree that reasonable efforts were not made to avoid Rozier’s death and the resulting damages," Judges Pat M. Donofrio and Jane M. Beckering wrote in the court opinion. "The trial court did not err by concluding that the doctrine of avoidable consequences precluded plaintiff from recovering damages for Rozier’s death."
Judge Mark T. Boonstra in a concurring opinion added:
"Our opinion should not be interpreted as reflective of any viewpoint regarding religion... In this sad case, Gwendolyn Rozier and her family made a choice, and decided to forego a blood transfusion that likely would have saved her life...
"The choice was hers to make, whether for reasons of religion, or for altogether different reasons entirely, or in fact for no reason at all. But as in any aspect of life, where choices result in consequences, Ms. Rozier’s choice resulted in a consequence for her. Sadly, that consequence was her death."
View the full opinions here and here.
A lawyer for Rozier's estate told the Associated Press the case will be taken to a higher court and that the doctors who treated her were sought out because they had experience working with Jehovah's Witnesses."