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Judith Mair* Consent - The Issue That Won't Go Away blood. She informed the doctor that both she and her mother were Jehovah's Witnesses and that a tenet of When I first began writing for the Journal I devoted a their faith forbade blood transfusions. The daughter number ofissues to the problem of the law of assault and remained opposed to the blood transfusions not battery and its relation to consent to medical treatment. withstanding the defendant's opinion as to the medical Since then the law has continued to be clarified and two necessity for the transfusions. The daughter. signed a interesting cases on the issue have recently been heard. document specifically prohibiting blood transfusions Both cases illustrate that the question of consent to and a release from liability. The defendant still refused treatment is still a significant biolegal issue. to follow the daughter's instructions because he con The first of these cases is the Canadian case of Malette sidered the transfusions medically necessary and he was v Shulman et al [1991) 2 Med LR 162, heard by the not satisfied that the card signed by the plaintiff Ontario Court of Appeal. According to the facts set out expressed
Australian Medical Record Journal – SAGE
Published: Sep 1, 1991
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