Religious boy fights court for right to refuse blood transfusion

[1gemstone]

 

^1]He is a ”highly intelligent” boy just 10 months shy of his 18th birthday but he does not have the right to make medical decisions for himself.

The Jehovah’s Witness who was ordered to have a life-saving blood transfusion for cancer, despite threatening to rip the IV needle from his arm, is appealing against the court claiming he is mature enough to dictate his own fate.

Supreme Court Justice Ian Gzell overrode the wishes of the boy, known as X, and his parents when he ruled in April that he must undergo treatment for Hodgkin’s lymphoma at the Sydney Children’s Hospital.

”The sanctity of life in the end is a more powerful reason for me to make the orders than is respect for the dignity of the individual,” Justice Gzell said. ”X is still a child, although a mature child of high intelligence.”
Advertisement

The boy’s barrister, David Bennett, QC, argued in the NSW Court of Appeal on Tuesday that the judgment failed to take into account how mature and competent X was and how close he was to being 18.

Despite X’s doctor, Professor Glenn Marshall, giving him an 80 per cent chance of dying from anaemia if he didn’t have the transfusion, Mr Bennett argued a child was entitled to a degree of decision making ”reflective of their evolving maturity”.

He referred to several overseas cases of younger Jehovah’s Witnesses being allowed to refuse blood, which is forbidden in the religion, because a ”sliding scale of maturity” known as the Gillick competency test was considered.

In most cases, the young person died like 15-year-old Joshua McAuley, who refused a blood transfusion following a car crash in England’s West Midlands in 2010.

”It’s easy to place very great emphasis once the word death creeps into a discussion,” Mr Bennett said.

”But … [it] is a question of relative risk rather than a question of life or death and one has to weigh that against the fact that an adult is fully entitled to make decisions to refuse life-saving medical treatment and we are dealing with someone very close to [adulthood].”

However, the Children’s Hospital said the boy had a ”cocooned upbringing” and his family had ”little exposure to challenges of their beliefs from outsiders” so what they may have thought was best was not necessarily correct.

”The views of many 21-year-olds … are much different to their views when they were 16 or 17,” Jeremy Kirk, SC, told the court.

On a whiteboard in his hospital room, X’s father wrote a scripture reference to abstaining from blood.

The boy told Professor Marshall that being sedated for a blood transfusion would be akin to being raped. He has since had three unsuccessful cycles of chemotherapy at a lower dose.

Article written by Rachel Olding on WA Today

http://www.smh.com.au/nsw/religious-boy-fights-court-for-right-to-refuse-blood-transfusion-20130917-2tx5u.html

 

[trottigy]

Australia - wow. One more proof of how bad we need the Kingdom - especially as it pertains to healthcare.

[Allabord4Jah]

What! OBMACARE in Australia?  Dear brother, hope his blood counts goes up, and a miracle happens to him.  If not, if he dies, he dies loyal to Jehovah no matter what these doctors and courts decide!  

[trottigy]

What! OBMACARE in Australia? Dear brother, hope his blood counts goes up, and a miracle happens to him. If not, if he dies, he dies loyal to Jehovah no matter what these doctors and courts decide!

ObamaCare??? What did that story about a forced blood transfusion in "Australia" have to do with that?

[pnutts]

What is so disturbing is that at least 5 years ago NSW state Dept of Health issued 5 Blood Transfusion myths, yet they seem to have stopped there. The state of Western Australia is supposed to be fully Patient Blood Management as of this year, the last year ( of 5 starting in 2008 ) being a full education program for health professionals. That is 1/2 way to full bloodless medicine.

[Allabord4Jah]

ObamaCare??? What did that story about a forced blood transfusion in "Australia" have to do with that?

The health system.  For years the F&D S, have worked hard to educate every medical facility in the world (our videos, other non blood pushing doctors in various hospitals an health organizations).   Its obvious that these health care providers didn't care about the brother's stand on blood and his faith.  Just like years ago, in this country, USA, they would go to court and FORCE this on our brothers here, and of course in other nations.  But a lot of that has stopped, except when we read stories like this about our brothers, still blood is forced on them.   When I made that "gest" of "Obamacare", in my comment, in service, people talk about how bad this new health program will be.  They are frightened for the quality of care they may and may not receive.   So far, lots of good doctors are not going to be doctors anymore.  Everyone will have to find doctors that will be told what to do and not to do for any patients.  I wouldn't be surprised since Satan would love to see more and more of these Federal/State Doctors to push blood products on anyone they deem should have it and if you refuse, it will be forced upon you.   You will have no choice in the matter.  Just like our dear brother in the story, he faithfully stuck to his beliefs, and they still pushed it and through a court (like they used to do here years ago and perhaps still do but not as often) order and he may have gotten the transfusion or not.  I Hope he didn't, but if he was forced, he did all he could to defend himself and Jehovah's name!    Obamacare, is not meant to help anybody, not evem those who don't have insurance.  Its a part of Satan's political/commercial organization here on earth.    Personally, I don't expect any good to come from this new health program.  Br. Jerry, if that comment bothered you, I didn't put it out there to hurt anyone.  If it hurt you, am very sorry.   But as it stands, Obamacare is not what its all Cracked up to Be! 

[Allabord4Jah]

What is so disturbing is that at least 5 years ago NSW state Dept of Health issued 5 Blood Transfusion myths, yet they seem to have stopped there. The state of Western Australia is supposed to be fully Patient Blood Management as of this year, the last year ( of 5 starting in 2008 ) being a full education program for health professionals. That is 1/2 way to full bloodless medicine.

Br. Peter, I have read horrid stories coming from the country you live in, yesterday was a baby who had a heart attack, and the parents called the ambulance.  The people in the ambulance stopped at a gas station to fill up and they did on other thing and it took them 26 minutes to reach the house where the child was at.  Of course, needless to say, the baby died.  Then there was stories of people (from all walks of life) who went to an E.R. and the nurses and doctors didn't care for their needs, and this man and or a woman died in the waiting room.  I heard that the NHS program is horrific.    Once in a while you'll read a decent story on how they managed to really help someone, but the majority of the time they stink.  I don't think they are a private health group, but one assisted by the Government.   Social Medicine?   Am sure our brothers/sisters around the world will be having a hard time getting medical attention, even if its as simple as getting a bandaid.  

[LeslieDean]

Isn't this story about our Fiona's son---fr here on JWT?

[countrykaren]

I pray for there family and him

[Fiona]

Isn't this story about our Fiona's son---fr here on JWT?

 

Hey sis,

Yes its about my son.

And dont believe everything in the newspaper!!!

Ive learned they only get 20% of the story and just make up the rest.

 

I wont post it all here, as we want to keep media away, but im happy to email privately. But all is good with him, and like I said the story in the newspaper is about 20% right.

 

hugs

Fiona

Edited September 28, 2013 by Fiona

[LeslieDean]

Dear Fiona

I remember sending you a PM early on after your first post. I knew immediately it was something serious and was leaning towards this because I have taken care of young kids in pedi ICU that presented much the same way. Please tell your son how proud he has made me living half a world away! You must know a little of what Mary felt when she watched her Son in awe knowing how he would effect many lives! Awesome job Mom for a job well done!

[LeslieDean]

Hey sis,

Yes its about my son.

And dont believe everything in the newspaper!!!

Ive learned they only get 20% of the story and just make up the rest.

I wont post it all here, as we want to keep media away, but im happy to email privately. But all is good with him, and like I said the story in the newspaper is about 20% right.

hugs

Fiona

Would love to hear from you via the Pm!

[niall]

> However, the Children’s Hospital said the boy had a ”cocooned upbringing”

> and his family had ”little exposure to challenges of their beliefs from outsiders”

> so what they may have thought was best was not necessarily correct.

This made me laugh. This young Brother has probably had to defend his beliefs every day in the door-to-door preaching, at work, at school, and now at hospital.

Sister Fiona, I'm glad to hear that all is good with him. We'll keep your family in our prayers.

[Fiona]

> However, the Children’s Hospital said the boy had a ”cocooned upbringing”

> and his family had ”little exposure to challenges of their beliefs from outsiders”

> so what they may have thought was best was not necessarily correct.

This made me laugh. This young Brother has probably had to defend his beliefs every day in the door-to-door preaching, at work, at school, and now at hospital.

Sister Fiona, I'm glad to hear that all is good with him. We'll keep your family in our prayers.

I know that made me laugh also.

Jesse was homeschooled till year 9, then went to an adult learning enviroment to do his year 10 school certificate. The enrolment age is 17 there, but he was accepted at 15 as an exception as a mature minor. He was the ONLY one who passed his course because he was the ONLY one who didnt take drugs and drink etc. OH BUT we "COCOONED" him.

He was out regularly in field service being exposed to all different beliefs and having to defend his own, oh but we "cocooned" him...

And yes, he went before the Dr's WITHOUT his parents in the room, and nurses and spent hours and ours each day/ week/ months explaining why HE did not want a transfusion...But we "cocooned" him...I know its laughable, and then.......

He went before  a judge and 3 lawyers in his room WITHOUT his parents and explained also. OH but, we "cocooned" him...

Well, how proud we are that all they can come up with is he is "cocooned", because its made him a young strong man, that fights for what he believes in. I bet 90% of the UNCOCOONED kids dont have his morals and strength..

[pnutts]

Br. Peter, I have read horrid stories coming from the country you live in, yesterday was a baby who had a heart attack, and the parents called the ambulance.  The people in the ambulance stopped at a gas station to fill up and they did on other thing and it took them 26 minutes to reach the house where the child was at.  Of course, needless to say, the baby died.  Then there was stories of people (from all walks of life) who went to an E.R. and the nurses and doctors didn't care for their needs, and this man and or a woman died in the waiting room.  I heard that the NHS program is horrific.    Once in a while you'll read a decent story on how they managed to really help someone, but the majority of the time they stink.  I don't think they are a private health group, but one assisted by the Government.   Social Medicine?   Am sure our brothers/sisters around the world will be having a hard time getting medical attention, even if its as simple as getting a bandaid.  

Talk about food at the proper time-new mag. Don't believe everything you hear in the news. Oops have run- my cat got hurt.

[pnutts]

allabord4jah  I live in London, Ontario, Canada. There is no national blood policy here, however some provinces are starting to implement many of the better blood practices of bloodless programs. Even in our city things are going slow though. Early in 2012 the emerg dept at University hospital ( and I assume Victoria as well ) Officially added tranexamic acid as a 1st response for major blood bleeds - however a few months later, a doctor giving a lecture on its benefits, stated he was not aware of any doctor having used it yet in emerg, ( video on youtube ) plus a few months after that a cardiologist at same hospital told me he had never heard of tranexamic acid. The 2 people at University who are members of SABM org are not doing their job very well.

 

British Columbia has training for doctors now in blood conservation- however it is a bad province for witness children.

 

Even with all the bloodless programs in the US- they still use 40% more blood per capita  ( per 100,000 population ) than Canada.

Edited October 1, 2013 by pnutts

[Cool Cat]

Hey sis,

Yes its about my son.

And dont believe everything in the newspaper!!!

Ive learned they only get 20% of the story and just make up the rest.

 

I wont post it all here, as we want to keep media away, but im happy to email privately. But all is good with him, and like I said the story in the newspaper is about 20% right.

 

hugs

Fiona

Hi Sis, I would really like to know the real truth about your brave Son's stand against the authorities. Please pm me with the truth. Examples like the one you and your family are going through make me feel even more resolved in my determination to take a stand for Jehovah. Very encouraging! My prayers are with you and your family. X