Management and Organizational Studies 2276A/B Lecture Notes - Chilling Effect, Reasonable Person, Blood Transfusion

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Phillip King

Document Summary

Malette v shulman et al (1990), 72 o. r. (2d) 417 (on ca) M is a jehovah"s witness who was in a car accident. S was made aware of a card on m"s person stating that she would refuse blood transfusions for religious reasons. S ignored this directive, and gave her blood. A doctor is not free to disregard advance instructions any more that he can disregard instructions given at the time. Donnelly j: s had no reason to doubt the validity f the card (clear, concise statement of religious belief). Clearly, m foresaw the need for blood transfusions because she went through the exercise of preparing and keeping the no-transfusions card. Her actions suggest the decision was made with a clear understanding of the risks. Even in a case of emergency, a health care professional cannot override the limits a patient places on her consent.