Court discharges orders allowing hospital to give blood transfusion to a Jehovah's Witness

Court discharges orders allowing hospital to give blood transfusion to a Jehovah’s Witness

The President of the High Court has discharged orders allowing a hospital to give a blood transfusion, if necessary, to a member of the Jehovah’s Witness faith.

The court made orders last month after Mr Justice Tony O’Connor was told the patient may require a blood transfusion in order to save his life. The order was made because at the time the man, who cannot be identified for legal reasons, lacked the capacity to make an informed decision about his medical care.

The court also noted that an ‘Advance Care Directive’, which is a document held by members of the Jehovah’s Witness faith stating that they are not to be given any blood or blood products under any circumstances, in respect of the man was not provided to the hospital.

The judge accepted that in the absence of the signed directive, the man’s inability to consent to potential treatment and due to the hospital’s constitutional legal obligations towards its patients, it was obliged to seek the orders in question.

When the matter returned before the Court this week, Donal McGuinness Bl for the hospital said that since the order was granted the man’s condition had improved, and ultimately he did not need a blood, or blood product, transfusion.

In addition, counsel said that the man had regained the mental capacity to make an informed choice about his treatment. In the circumstances, counsel said, the orders previously granted by the court were no longer required and could be struck out.

High Court president Mr Justice David Barniville welcomed news of the man’s improvement, and agreed that the orders could be discharged. The judge thanked the court-appointed guardian who had acted for the man, and said that orders preventing the media from identifying the man and the hospital, should remain in place.

Case background

Previously, the court heard that the man was being treated in the hospital’s intensive care unit following a serious road traffic accident. He was on a ventilator, and was unable to communicate with anyone.

At the time of the application, the hospital said that he may require a blood transfusion, but that for religious reasons his family would not consent to him being given any blood or blood products.

His doctors said that if his situation deteriorated a transfusion would be required to save his life or prevent further injury. The hospital said the matter had been complicated by the fact that following his admission to hospital, and once it was learned that he is a Jehovah’s Witness, the man gave conflicting instructions about accepting a blood transfusion.

Following his admission the man lacked the mental capacity to either consent to or refuse such treatment, the hospital claimed. In addition, the document stating that he would refuse a blood transfusion in all circumstances due to his religious beliefs could not be located by the man’s family.

As a result, the hospital sought various orders including ones that would allow it to administer blood and blood products to the man, should the need arise. The man’s family did not formally oppose the orders, but expressed their hope that his condition would improve and that he would not need a transfusion.

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