Dear Goudrea: I don't know if it would be legal to transfuse an objecting adult patient without consent (it is legally known as assault & battery), but if these surgeons admitted to doing so, I wouldn't overlook the possibility that they might proceed in the same manner again. It would be wrong to characterize all medical personnel as being so insensitive and downright violative of widely recognized patient rights, however, it probably does occur, as it apparently did in the case of your sister. I have overheard conversations between anesthesiologists and physicians expressing puzzlement as to why Witnesses refuse certain treatments and accept others, and frustration on the doctors' part when they have watched Witness patients die for what they feel is lack of a lifesaving transfusion. These sentiments are understandable, but should not be allowed to develop into or be expressed as abusive attitudes and treatment of Witness patients. It is really unfortunate that people must feel the need to watch diligently from some inconvenient vantage point so that their loved ones, or even themselves, are not subjected to some treatment they have indicated objection to. I have been told of one patient who stated she literally stayed up all night and wouldn't take pain medication or sedatives post-op because some staff member told her that they would come and give her a transfusion the minute she fell asleep! A patient treated in such a manner would have legal grounds to sue the doctors responsible and the institution for assault, battery, intentional infliction of emotional distress, and pain & suffering, among other causes of action. An assault, by the way, does not have to involve actual unwanted touching, but only the threat of or reasonable fear that such touching is imminent or likely to occur. The actual act of unwanted touching constitutes battery. I believe it would be difficult for a physician to justify doing any treatment to any patient without that patient's informed consent, or the consent of a duly appointed attorney-in-fact, such as you apparently were on behalf of your sister. Did your sister have a completed Durable Power of Attorney available for the doctors to read? This is SO important to have prepared long before any emergency comes up, and to be KEPT WITH YOU always. Please check out our upcoming December NoBlood Bulletin for more important nformation on DPAs!

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Jan Grossberg, RN, BSN
Editorial Team