Patient blood transfusion refusal is one of the most dramatic and complicated events physicians must face. The authors discuss ethical and legal framework for such circumstances in italy, also in relation to the main judgements of italian Courts and European Court of Human Rights in this field. Contrasting positions are found in case law. The main issues emerging from case law are: patients’ rights, informed consent, the right to refuse medical treatments and healthcare professional’s protective role. in the assessment of patient’s best interest, subjective components (and then respect for patient’s autonomy) cannot be neglected. The complexity of this subject and the presence still of opposing positions, even in case law, make a strong case for additional rulemaking by legislators. The role of the healthcare professional should be guiding patients to good decisions while remaining flexible in accepting autonomy.

Refusal of blood transfusion by Jehovah’s Witnesses in Italy: legal and ethical issues / Delbon, Paola; Salvetti, Massimo; Paini, Anna; Muiesan, MARIA LORENZA; Capasso, Emanuele; Conti, Adelaide. - In: MINERVA MEDICOLEGALE. - ISSN 1827-1677. - 137:2(2017), pp. 37-42. [10.23736/S0026-4849.17.01764-3]

Refusal of blood transfusion by Jehovah’s Witnesses in Italy: legal and ethical issues

Maria Muiesan;Emanuele Capasso;
2017

Abstract

Patient blood transfusion refusal is one of the most dramatic and complicated events physicians must face. The authors discuss ethical and legal framework for such circumstances in italy, also in relation to the main judgements of italian Courts and European Court of Human Rights in this field. Contrasting positions are found in case law. The main issues emerging from case law are: patients’ rights, informed consent, the right to refuse medical treatments and healthcare professional’s protective role. in the assessment of patient’s best interest, subjective components (and then respect for patient’s autonomy) cannot be neglected. The complexity of this subject and the presence still of opposing positions, even in case law, make a strong case for additional rulemaking by legislators. The role of the healthcare professional should be guiding patients to good decisions while remaining flexible in accepting autonomy.
2017
Refusal of blood transfusion by Jehovah’s Witnesses in Italy: legal and ethical issues / Delbon, Paola; Salvetti, Massimo; Paini, Anna; Muiesan, MARIA LORENZA; Capasso, Emanuele; Conti, Adelaide. - In: MINERVA MEDICOLEGALE. - ISSN 1827-1677. - 137:2(2017), pp. 37-42. [10.23736/S0026-4849.17.01764-3]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11588/780851
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