A Jehovah's Witness induced to undergo a blood transfusion should be compensated.

[Pionner_who]

A patient should be compensated by the Municipality of Limeira (SP) and a local hospital for being induced to sign a consent form with false information, in which she authorized undergoing a treatment she had previously refused, while believing that the health unit would offer other alternatives.

The compensation for material and moral damages had been determined in the first instance and was now reaffirmed by the 9th Chamber of Public Law of the São Paulo Court of Justice, which ruled on an appeal by the municipality and the hospital.

 

The plaintiff is a Jehovah's Witness, a Christian denomination that does not allow blood transfusions. She was admitted to Santa Casa de Limeira, which also provides services through the Unified Health System (SUS) under an agreement with the municipality, after fracturing her femur in a fall.

 

The hospital's medical team determined that surgery would be necessary, at which point the patient stated that she would accept the procedure as long as she was not subjected to a transfusion.

 

Santa Casa then asked her to sign a "Knowledge and Clarification Term for Jehovah's Witnesses," which supposedly guaranteed the use of all possible techniques to avoid the need for a transfusion. However, during the legal process, the hospital admitted that it was not equipped to perform surgery without a transfusion.

In other words, “such a document merely has the appearance of legality, in blatant disrespect for the patient's autonomy of will,” as determined by the first-instance court, with part of the sentence highlighted in the São Paulo Court of Justice's ruling.

 

Duty to compensate

 

 

The patient, according to the case, refused to sign the form. She was then subjected to a transfer request to another facility that could accommodate her, which did not happen, and ultimately had to go to a private hospital in another city.

"It is clear that the situation in the case goes beyond mere inconvenience felt by the plaintiff, considering her religious convictions, the inducement to error promoted by the hospital, and the long delay in securing another treatment location, which only happened when she herself sought out (another hospital)," writes the case's rapporteur, Judge Carlos Eduardo Pachi. "Therefore, it is clear that the defendants have a duty to compensate," he adds.

The Municipality of Limeira will have to reimburse the patient R$ 27,600 for the expenses she incurred at the private facility, in addition to compensating her, jointly with Santa Casa, R$ 20,000. Both will also have to cover the costs, legal fees, and the plaintiff's attorney fees.

Attorney Kaio Cesar Pedros represented the case.

 

Article accessed at:

 

https://www.conjur.com.br/2024-ago-30/testemunha-de-jeova-induzida-a-fazer-transfusao-deve-ser-indenizada/

[jwmanubcn]

https://hrwf.eu/european-court-ruling-about-forced-blood-transfusion-of-a-jehovahs-witness-in-spain/

 

EUROPEAN COURT: Ruling about forced blood transfusion of a Jehovah’s Witness

Freedom of Religion and Belief

 

EUROPEAN COURT: Ruling about forced blood transfusion of a Jehovah’s Witness in Spain

Shortcomings which led to blood transfusions being administered to a Jehovah’s Witness against her will breached her right to autonomy. The decision was unanimous

Registrar of the European Court (17.09.2024) – In the case of Pindo Mulla v. Spain (application no. 15541/20), the Grand Chamber of the European Court of Human Rights held, unanimously on 17 September, that there had been:

a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights read in the light of Article 9 (freedom of thought, conscience and religion).

.......

https://www.echr.coe.int/w/grand-chamber-judgment-concerning-spain

 

Grand Chamber judgment concerning Spain

 

17/09/24

In the case of Pindo Mulla v. Spain the Court held that there had been a violation of the right to respect for private and family life read in the light of the right to freedom of thought, conscience and religion.

 

Edited September 23 by jwmanubcn

[Mike047]

On 8/30/2024 at 9:41 PM, Nathansantos said:

The plaintiff is a Jehovah's Witness, a Christian denomination that does not allow blood transfusions.

Is this a quote from an article, or are they your own words?

[Pionner_who]

7 minutes ago, Mike047 said:

Esta é uma citação de um artigo ou são suas próprias palavras?

 

It wasn't as the report described... Unfortunately, in Brazil, some media outlets tend to be somewhat biased.🤣🤣