posted by admin on May 15, 2009

The question of consent may be waived in an emergency if the doctor, to save the life of his patient, carries out treatment.

Most of the problems arise with minors and are concerned with the doctor’s suggesting a form of treatment, such as blood transfusion, with which the parents cannot agree.

In these circumstances, in most States, the law allows the doctor to move to have the child declared a ward of the State and then to seek permission to carry out the procedure.

This may not be acceptable to those parents who have a moral objection to the treatment, but does seem to satisfy majority public opinion.

The wishes of the parents cannot be automatically over-ruled; the doctor must obtain a second opinion and be able to show that his treatment is necessary to save life.

Some doctors are worried by the threat of later legal action should they accede to the wishes of their patient and withhold treatment which may be standard in the circumstances.

The Jehovah’s Witnesses have prepared a standard release form waiving their rights to sue for negligence when they have withheld permission for treatment, such as transfusion, which the doctor considers necessary-

This approach is an attempt by the group to make known their wishes and to co-operate with the medical profession without compromising what is to them a fundamental belief.

A doctor may disagree with their beliefs, yet he must respect their right to hold and to practise them.

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