Posted: February 17th, 2022

Patient Consent

Introduction:
Overview the case and deal with the questions that observe:
The plaintiff, Bonita Perkins, in Perkins v. Lavin, was a Jehovah’s Witness. She gave start to a child on the defendant’s hospital. After going dwelling, she started hemorrhaging and returned to the hospital. She particularly knowledgeable the defendant’s workers that she was to not be offered any blood or blood derivatives, and he or she signed a kind to that impact:
I request that no blood or blood derivatives be administered to [plaintiff] throughout this hospitalization, however that such therapy could also be deemed needed within the opinion of the attending doctor or his Helpants to protect life or promote restoration. I launch the attending doctor, his Helpants, the hospital, and its personnel from any duty for any untoward outcomes resulting from my refusal to allow the usage of blood or its derivatives.
Due to the plaintiff’s situation, it turned essential to carry out an emergency dilation and curettage. She continued to bleed, and her situation deteriorated dramatically. Her blood rely dropped, necessitating administration of blood merchandise as a lifesaving measure. Her husband, who was not a Jehovah’s Witness, consented to a blood transfusion, which was administered. The plaintiff recovered and filed an motion towards the defendant for assault and battery. The plaintiff’s declare as to assault and battery was sustained.
The plaintiff particularly knowledgeable the defendant that she would contemplate a blood transfusion as offensive contact. Though each events famous that the plaintiff’s husband offered his consent for the transfusion, the defendant had not argued that his consent was adequate to beat the plaintiff’s course that she was to not obtain a transfusion. The plaintiff submitted adequate proof to the trial court docket to ascertain that there was, at the very least, a real problem as as to if the defendant deliberately invaded her proper to be free from offensive contact. Due to the plaintiff’s recognition that the defendant acted to avoid wasting her life, a jury might discover that she is entitled to solely nominal damages.
Duties:

Ought to the court docket be the last word choice maker when there’s a dispute over whether or not a lifesaving measure needs to be administered to a nonconsenting affected person? Clarify.
Ought to a mum or dad have the best to refuse a lifesaving therapy (e.g., transfusion) for a minor? Clarify.

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