Original scientific paper
https://doi.org/10.21860/j.11.1.4
Is the Croatian Medical Law in Harmony with the International Comparative Standards on the Right to SelfDetermination? The Example of Jehovah’s Witnesses Patients
Petr Muzny
; Universities of Geneva, Faculty of Translation and Interpreting
Abstract
Are Jehovah’s Witnesses (JW) outstanding patients? One might answer in the affirmative. Is
not their refusal of blood transfusions, a treatment traditionally considered as a life-saving
treatment, problematic both from the medical and legal viewpoint? However, traditions are
not everlasting. Both modern medical science and legal standards have greatly improved
during the last two decades. Over the last few years, JW medical choice has become standard
treatment for many physicians specialized in bloodless surgeries. From the legal standpoint,
laws and case-law worldwide have been moving in the same direction: a patient endowed
with discernment has the absolute right to choose the treatment he/she deems the most
appropriate according to his/her own personal values. In light of this evolution worldwide,
JW patients have become ordinary patients.
Since this is not the case in Croatia yet, this article seeks to put the Croatian legislation in
harmony with the international standards by using the example of JW. It does so by answering
five fundamental questions: 1) Should a JW patient be forced to undergo a blood transfusion
against his or her will? 2) Should a JW patient be forced to undergo a blood transfusion in
an emergency situation where life is at risk, and the patient is unconscious? 3) Can a doctor
refuse to treat a JW patient because the patient refuses to accept a treatment deemed lifesaving? 4) Can a doctor be held liable for respecting a JW patient’s wishes if the patient dies?
5) Can a doctor be held liable for overriding a JW patient’s wishes and administering a blood
transfusion by force?
Keywords
Hrčak ID:
240211
URI
Publication date:
18.6.2020.
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