Refuzul transfuziilor de sânge în cazul pacienţilor minori, Martori ai lui Iehova. Implicaţii privind malpraxisul medical

dr. MIRELA CARMEN DOBRILĂ

Asist, univ. - Facultatea de Drept, Universitatea "Alexandru Ioan Cuza" din Iaşi

ABSTRACT

In principle, except for the emergency situations, it is requested the consent from the parents in order to apply a medical treatment to the minor patient, being essential the minor’s interest and the protection of the minor, of his life and health. In the study there are analysed the legal consequences of having a medical malpractice case for the deed of a physician who, in some situations, applies to a minor patient who is part of the Religious Organization "Jehovah’s Witnesses", a religious cult recognized by the law in Romania, a treatment based on the blood transfusion, provided that there is a refusal of the parents, who are Jehovah’s Witnesses, on religious grounds. Jehovah’s Witnesses refuse the treatment based on transfusions of allogenic blood....