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. 2007 May;12(5):386. doi: 10.1093/pch/12.5.386

Medical emergencies in children of orthodox Jehovah’s Witness families: Three recent legal cases, ethical issues and proposals for management

Juliet Guichon 1, Ian Mitchell 2
PMCID: PMC2528729  PMID: 19030394

The authors respond;

Mr Bodnaruk misunderstands how paediatricians approach teenagers in providing care. When a teenager with Roman Catholic parents seeks reproductive advice, a paediatrician will discuss all medical options with the patient alone and without asking a priest to give advice on medical management.

Our cases dealt with life-saving medical treatment; transfusion was court-ordered. The judge in case 1 specifically found that, because of ‘undue influence put upon her’, the patient did not have adequate information and voluntariness to make decisions (1). We recommend that Jehovah Witnesses parents and their children have full information, both official Watchtower Society and alternative information (2), and should be free to choose medical treatment without sanction.

We welcome Mr Bodnaruk’s assurance that parents who disagree for religious reasons about their child’s medical treatment can still live amicably together. A judge in case 1 cited the parents’ disagreement about transfusion as the reason for marital breakdown (3).

In the papers Mr Bodnaruk cites, authors describe variations in neonatal management, including the timing and volume of blood transfusion, but not the option of no transfusion (4,5). One referenced author specifically cites the dangers of under-transfusion with perioperative hemoglobin less than 10 g/dL (6). In case 1, physicians recommended transfusion when the hemoglobin was 4.5 g/dL and oxygen saturation was 82% (7).

Mr How suggests that it was inappropriate for the patient in case 1 to receive 38 transfusions given her ultimate death. The high mortality of her condition was always made clear in court (8,9). A 50% success rate is not a reason for withholding medical treatment.

Mr How states that the case 1 father’s lawsuit against the Watchtower Society lawyers has failed. On the contrary, the case is proceeding (10).

Paediatricians must look for all elements of consent: competence, information and voluntariness. Most difficulties among physicians, parents and adolescents are resolved amicably. We support this. In some situations, reporting to child welfare is a statutory duty and legal help is required.

REFERENCES

  • 1.H(B) v Alberta, 2002 ABQB 371, para 76 [Google Scholar]
  • 2.Watchtower Society. < http://www.watchtower.org/e/medical_care_and_blood.htm> (Version current at May 1, 2007). • Associated Jehovah’s Witnesses for Reform on Blood. < http://www.ajwrb.org> (Version current at May 1, 2007). • “Is Blood FORBIDDEN Among Jehovah’s Witnesses?” < http://www.freeminds.org/doctrine/blood.htm> (Version current at May 1, 2007). • Christian Apologetics and Research Ministry. < http://www.carm.org/witnesses.htm> (Version current at May 1, 2007). • Jehovah’s Witnesses. < http://www.rapidnet.com/~jbeard/bdm/Cults/jw.htm> (Version current at May 1, 2007)
  • 3.Hughes v Hughes, 2003 CarswellAlta 1605, Alberta Court of Queen’s Bench, 2003 Alberta Court of Queen’s Bench, para 9–12 [Google Scholar]
  • 4.Ringer SA, Richardson DK, Sacher RA, et al. Variations in transfusion practice in neonatal intensive care. Pediatrics. 1998;101:194–200. doi: 10.1542/peds.101.2.194. [DOI] [PubMed] [Google Scholar]
  • 5.Lee SK, McMillan DD, Ohlsson A, et al. Variations in practice and outcomes in the Canadian NICU network: 1996–1997. Pediatrics. 2000;106:1070–9. doi: 10.1542/peds.106.5.1070. [DOI] [PubMed] [Google Scholar]
  • 6.Spence RK. Surgical red blood cell transfusion practice policies. Blood Management Practice Guidelines Conference. Am J Surg. 1995;170(6A Suppl):3S–15S. doi: 10.1016/s0002-9610(99)80052-x. [DOI] [PubMed] [Google Scholar]
  • 7.Testimony of Anne Corinne Saunders, Transcripts of Provincial Court of Alberta Proceedings before the Honourable Judge K Jordan, Alberta v BH, et al, at the Alberta Children’s Hospital February 18, 2002, page 69, line 5 [Google Scholar]
  • 8.Hughes v Hughes, 2003, supra note 3, per Kent J, at para 4 [Google Scholar]
  • 9.Saunders, supra note7, page 85, lines 20–27 [Google Scholar]
  • 10.Hughes Estate v Brady, et al. 2006 ABCA 391, December 5, 2006 [Google Scholar]

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