BLOOD TRANSFUSIONS – INTRODUCTION
How does the law stand with regard to a person refusing permission for a blood transfusion?
Such a problem usually arises when the patient is a member of the Jehovah’s Witnesses, whose beliefs do not allow the acceptance of a transfusion of blood or its derivatives even when it may be necessary to save life.
In recent years the Medical Journal of Australia published an editorial written by a barrister on how the law regarded the question.
Any adult has the right to make a decision about what treatment he will or will not have, and the doctor treating him must accept this. If the doctor cannot offer proper treatment under those terms, then he can refuse to continue with the case and ask the patient to consult another practitioner.
The patient and the doctor have rights and obligations and, given goodwill on both sides, no conflict should arise.
The doctor is required by law, usually common law rather than any set statute, to use due care and skill in dealing with his patients.
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Tags: General health