Courts

Orders granted allowing hospital to give blood transfusion to Jehovah’s Witness if necessary

Man is in intensive care after road traffic incident and relatives cannot locate document saying he does not want to recieve blood due to beliefs

Mr Justice Tony O’Connor said he respected the man’s religious beliefs but the court was satisfied that he currently lacks the capacity to make an informed decision about the medical care he is being provided. Photograph: PA Wire
Mr Justice Tony O’Connor said he respected the man’s religious beliefs but the court was satisfied that he currently lacks the capacity to make an informed decision about the medical care he is being provided. Photograph: PA Wire
Aodhan O'Faolain
Wed Mar 27 2024 - 17:35

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

The order was made on Wednesday by Mr Justice Tony O’Connor who said he accepted the patient’s life may be “on the line” and that he may require a blood transfusion.

The judge said he respected the man’s religious beliefs but the court was satisfied that he currently lacks the capacity to make an informed decision about the medical care he is being provided.

The court noted that no Advance Care Directive, 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, had been provided to the hospital in relation to the man.

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The court heard that if the man’s situation deteriorated he may need a blood transfusion to either save his life or to avoid incurring any further injuries.

The patient, a young man who cannot be identified for legal reasons, is currently in intensive care unit following a serious road traffic incident.

Those in charge of his care are hopeful he will recover, but at present the man is on a ventilator, receiving medication through a tube and unable to communicate with anyone.

Donal McGuinness BL, for the hospital, said that for religious reasons the man’s family were not prepared to consent to him being given any blood or blood products.

Counsel said the man does not currently require a transfusion, but if his situation were to deteriorate then such an action might be required to save his life or prevent further injury.

Mr McGuinness said the problem was 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 if he would accept a blood transfusion. Counsel said the hospital accepts that due to his injuries the man lacks the mental capacity to either consent to or refuse such treatment.

He said a further complicating issue was that the hospital had been told by the man’s family that he had signed a document stating that he would refuse a blood transfusion in all circumstances due to his religious beliefs. However, this document could not be located by the man’s family despite an extensive search, counsel said.

The man’s wife, while reaffirming their objections to blood transfusions on faith grounds, told the court that the family were not opposing the hospital’s application. The court heard that the family hopes the man’s condition improves to the degree that a transfusion would not be required. The family thanked the hospital for the treatment it has provided for him to date.

After granting the hospital the orders it sought, the judge said the hospital could return to court and seek to discharge the order if the man’s health improves to the extent that he regains capacity and is able to give clear instructions about his treatment.