8.23.2018

You Have the RIght to Choose - RELIEVING LEGAL CONCERNS


You may wonder, 'Why are some doctors and hospitals quick to get a court order to give blood?'  In some places a common reason is fear of liability.

There is no basis for such concern when Jehovah's Witnesses choose non-blood management.  A doctor at Albert Einstein College of Medicine (U.S.A.) writes:  "Most [Witnesses] readily sign the American Medical Association form relieving the physicians and hospitals of liability, and many carry a Medical Alert [card].  A properly signed and dated 'Refusal to Accept Blood Produces' from a contractual agreement and is legally binding." -Anesthesiology News, October 1989. 

Yes, Jehovah's Witnesses cooperatively offer legal assurance that a physician or hospital will not incur liability in providing requested non-blood therapy.  As recommended by medical experts, each Witness carries a Medical Document card.  This is renewed annually and is signed by the person and by witnesses, often his  next of kin.

In March 1990, the Supreme Court of Ontario, Canada, upheld a decision that commented approvingly on such a document:  "The card is a written declaration  of a valid position which the card carrier may legitimately take in imposing a written restriction on [the] contract with the doctor."  In Medicinsk Etik (2985), Professor Daniel Andersen wrote:  "If there is an unambiguous written statement from the patient saying that he is one of Jehovah's Witnesses and does not want blood under any circumstances, respect for the patient's autonomy requires that this wish be respected, just as if it had been expressed orally."

Next time: You Have the Right to Choose -Continue with RELIEVING LEGAL CONCERNS

From the jw.org publications

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