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Court orders further transfusion against boy's wishes

By Leonie Lamont
May 12, 2005


A Jehovah's Witness teenager felt "violated, raped" after he was given a life-saving blood transfusion against his and his parents' wishes, the Supreme Court has heard.

The Children's Hospital at Westmead sought the court's approval yesterday to administer a further transfusion today, saying the 16-year-old cancer patient was at imminent risk of a fatal stroke if he did not receive it.

Two weeks ago the court authorised transfusion treatment after hearing the teenager had only a 50:50 chance of surviving the night. The teenager, whom the court ordered be known as "Jay", and his parents, opposed the blood transfusion because it violated their religious beliefs.

Jay's father told Justice Clifford Einstein his son had a strong faith. "Last time when he had the treatment, he doesn't want it, he cried, he feels emotionally depressed," the father said.

"We dearly love our son and want the best for him … Jay is not a baby. He fully understands the position he's in and feels that having blood given to him against his wishes is a violation of conscience. He believes that what is happening is not just a medical matter, he is being stripped of his right to be obedient and faithful to his God."

He said the family appreciated the help of the doctors, but could "never consent" to the transfusion. Jay's mother said her son told her he felt "violated, raped" and that his privacy had been invaded. "It is like a nightmare at home because they have violated him," she said. She detailed how she had sat up half the night comforting her crying son. He had been distressed by a document prepared for yesterday's court hearing, in which one of his doctors said he had the "intellectual age of a much younger teenager".

"He said, 'No matter what I say or do they have no consideration … they treat me as a little child'."

Justice Einstein was concerned that Jay was not represented in court, but Ian Harrison SC, for the hospital, said the urgent need for a transfusion should override that concern. He said Jay had undergone two transfusions, and neither he nor his parents had attempted to stop them. He had responded well, and been released home, but his condition had deteriorated and he required the transfusion today.

Justice Einstein said even though Jay was 16 and his wishes should be given serious consideration, he was still a child and his best interests lay in the treatment proposed by the hospital. "His life ought to be spared. He may well die in the absence of an order," the judge said.

He approved the hospital's application, and ordered a legal tutor be appointed to represent the teenager.

__________________
Mr. Jan B. Wade
Blood Management Consultant
Enhance Outcomes - Control Cost
For Information Call - 360 296-1807
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