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R v Blaue (1975) 61 Cr App R 271 is an English criminal law appeal in which the Court of Appeal decided, being a court of binding precedent thus established, that the refusal of a Jehovah's Witness to accept a blood transfusion after being stabbed did not constitute an intervening act for the purposes of legal causation.
The faith of Jehovah's Witnesses forbids blood transfusion. Courts in the United States have consistently upheld the right of competent adults to decline blood transfusion even when it would be life-saving, though there have been exceptions where the death of a patient could leave a child orphaned. [55]: 255
Kobe Municipal Industrial Technical College violated the law by expelling Kunihito Kobayashi for his refusal to participate in martial arts training." [21] [22] According to Awake!, "Misae Takeda, a Jehovah's Witness, was given [a] blood transfusion in 1992, while still under sedation following surgery to remove a malignant tumor of the liver ...
In the field of medicine, a healthcare proxy (commonly referred to as HCP) is a document (legal instrument) with which a patient (primary individual) appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient is incapable of making and executing the healthcare decisions stipulated in the proxy. [1]
Jehovah's Witnesses' literature teaches that their refusal of transfusions of whole blood or its four primary components—red cells, white cells, platelets, and plasma—is a non-negotiable religious stand and that those who respect life as a gift from God do not try to sustain life by taking in blood, [5] [6] even in an emergency. [7]
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. [ 1 ] [ 2 ] Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
In re Baby Boy Doe, 632 N.E.2d 326 (Ill. App. Ct. 1994) (holding that courts may not balance whatever rights a fetus may have against the rights of a competent woman, whose choice to refuse medical treatment as invasive as a cesarean section must be honored even if the choice may be harmful to the fetus).
The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]
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