From Our Readers​—Judges and Doctors Respond

IMPORTANT details on three court cases were presented in “Your Medical Freedom​—The Courts Speak!” appearing in Awake! of September 8, 1985. These court decisions could affect the medical rights of all citizens. As a public service, many of Jehovah’s Witnesses sent the article to doctors, judges, and hospital personnel in their area. Let us share with you some responses.

Judges Happy to Be Informed

Numerous judges recognized the medical/​legal implications of the court cases, and they expressed appreciation for receiving the article. For example:

“I have shared your letter and the article with [the County Attorney], and I have instructed my secretary to obtain the complete texts of these important cases. Your letter came to me at a time when I was wondering about the current contamination of the nation’s blood supply, and perhaps it is no coincidence that you have forwarded this information to me at this time.”

​—W. K., Kentucky District Court

“I read the article with interest and appreciation. As in the past, the Jehovah’s Witnesses continue to be leaders in the field of religious liberty and the constitutional directive of separation of Church and State. All of us, including those of us of different religious beliefs, continue to benefit from the past and present efforts of Jehovah’s Witnesses.”

​—D. W., Florida Circuit Judge

“Your church has some very expert lawyers among those who write for its publications. I have found their articles useful in the past, and am glad to add the one you sent me to my reference collection.”

​—D. Y., U.S. District Court, Ohio

Problem of Inaccurate Reporting

The press gave a distorted picture of one case that the Awake! article discussed. Judges thus commented:

“I was not at all aware of the factual nuances of the Randolph case. The summaries that I read did not provide the factual information set forth in that article and, therefore, did leave one with a slightly different understanding of the case. I certainly appreciate your calling [the facts] to my attention.”

​—R. R., Idaho District Court

“One of the problems constantly plaguing the judiciary is the inaccurate reporting of certain of our court decisions. This often gives both the public and lawyers a distorted view of what the justice system is doing. The article which you forwarded me indicates your familiarity with our problem.”

​—S. W., New York State Court of Appeals

Helpful Steps

Some of the professionals who read the Awake! article offered suggestions for things that they thought might help to avoid legal complications regarding refusal of treatment:

“In the article there is reference to release documents for patients who do not want blood transfusions . . . I would appreciate seeing a copy of such a release form. In my discussions with the hospital administrator, it would be helpful to show them one of these releases.”

​—R. S., Attorney, Indiana

[The American Medical Association provides a sample release form in Medicolegal Forms With Legal Analysis (1976), page 85. This is quoted on page 29 of Jehovah’s Witnesses and the Question of Blood (1977).]

“I would think it would be advisable for all Jehovah’s Witnesses to wear some sort of identification medal such as a Medical Alert bracelet indicating their religious beliefs and desire not to have transfusion.”

​—J. G., Physician, Maine

[Jehovah’s Witnesses do carry a Medical Alert card, a signed and dated document that was prepared after consultation with medical/​legal authorities.]

“May I suggest that each of your members share their views with their physician, thereby, hopefully to eliminate any problem that could surface at a later date, or at the time an emergency may arise?”

​—J. T., Hospital Administrator, Missouri

Wider Distribution

Many hospital officials who received the Awake! article felt that their associates would benefit from the enlightening material:

“I read . . . the attached articles with interest. I subsequently presented your concerns to our Ethics Committee here in the hospital and it prompted considerable discussion. I find that our physicians are very sensitive to the concerns and beliefs of the Jehovah’s Witnesses.”

​—M. R., Hospital Chaplain, California

“I have taken the opportunity to go ahead and make copies of the article for other members of our surgical staff. I should call to your attention that there are several of these cases involving obstetrical patients. Obstetrics is not part of the Surgery Department. If you would like for them to have copies of this article, you should contact the Chief of Obstetrics and Gynecology. Again, thank you for sending this article.”

​—T. L., Physician, Kentucky

“[The article] proved to be most helpful and interesting and I would appreciate if you could continue to forward articles of similar importance to my attention. I respectfully request to use the article, ‘Your Medical Freedom​—The Courts Speak!’, with your permission, as a resource at a future date.”

​—J. F., Hospital Administrator, Florida

“You apparently are aware of the concerns that arise among many of us in the medical community when a Jehovah’s Witness requires surgery or other emergency procedure. Indeed, the legal ramifications are a prime concern, but probably more difficult is the thought of having a patient die for lack of a treatment that, in most cases, seems so routine. Without personally experiencing the deep-seated beliefs of the Jehovah’s Witness, it is difficult to give such conviction the consideration due. Sometimes we forget that there are worse dreads than dying and thus the Jehovah’s Witness patient may become the victim of our lack of understanding of the depth of their religious beliefs.

“Hopefully, through sharing such as you have provided, such conflicts can be kept to a minimum. I will be passing this information on to other members of our staff.”

​—V. H., Hospital Administrator, Idaho

[A minister in the local congregation writes that a Witness who recently checked about an operation at this hospital was met with cooperation and was told that ‘after receiving some recent information, they were willing to work with Jehovah’s Witnesses.’]

Many surgeons have found that by employing meticulous techniques they are able to operate successfully on Jehovah’s Witnesses without blood. Such patients thus are not subjected to the risks of blood use, such as contracting AIDS. Further, many courts are upholding the principle of informed consent, which means that you have the right to determine what will be done to your body.

[Box on page 28]

“Awe and Reverence”

One surgeon, whose hospital is affiliated with Columbia University in New York, reflected on an experience he had:

“I will never forget 15 years ago, as a young intern when I stood at the bedside of a Jehovah’s Witness who bled to death from a duodenal ulcer. The patient’s wishes were respected and no transfusions were given, but I can still remember the tremendous frustration as a physician I felt at the time.

“The passage of time and treating many patients has a tendency to change one’s perspective, and today I find the trust between a patient and his physician, and the duty to respect a patient’s wishes far more important than the new medical technology which surrounds us. In thinking about that event, 15 years ago, it is interesting that the frustration has now given way to a sense of awe and reverence for that particular patient’s steadfast faith and commitment. The event continues to remind me that I should always, as a physician, respect a patient’s personal and religious wishes regardless of my feelings or the consequences.”​—J. S.