Teenage Jehovah's Witness can receive blood transfusion, judge rules

A judge has given doctors permission to give a blood transfusion to a teenage Jehovah's Witness, should she need on following an operation.

The Court of Session in Edinburgh heard how the 14-year-old girl had told medics that she did not consent to a transfusion even in the event of an emergency because of her religious beliefs.

However lawyers for a Scottish health board had sought an order to allow the procedure to go ahead if the girl's life was at risk.

Judge Lady Tait granted the order, saying she was satisfied it was in the child's best interests "giving appropriate weight to her views".

According to the religious community's website, Jehovah's Witnesses refuse blood transfusions, saying both the Old and New Testaments say to abstain from blood.

A report submitted to Lady Tait assessed the child as having "capacity" and having a full understanding of the implications of her decision.

This prompted the health board to go to the Court of Session to seek an order which would allow its doctors to administer the blood transfusion up to two weeks following the child's procedure.

Its legal team told Lady Tait that such an order was necessary because blood loss was an "inevitable consequence" of the operation.

Neither the child or the health board have been identified in the case.

In a written judgment published on Tuesday, Lady Tait said that while the probability of a blood transfusion being required is small, the consequences of it being required but not given would be severe, including a risk of death.

She added that there would likely be insufficient time to seek a court order once any risks developed.

Lady Tait said any transfusion would be administered only if it was deemed necessary to avoid significant harm, including death.

In the judgement, Lady Tait said she wrote an opinion because a Scottish court had not previously considered the issues in the case in respect of people under the age of 16 who had "capacity".

She wrote about how the Court of Session can authorise treatment for a child who does not have capacity and who cannot consent to medical treatment

Lady Tait also wrote about cases examined by English courts, before concluding that in the context of the case brought before the court, it would be in the best interests of the child that the order be granted.