A Cidade – 25th April 2018
Judge orders blood transfusion as baby of Jehovah’s Witnesses
Procedure was done on this Tuesday and child is well, according to the hospital
The court granted a preliminary injunction on Tuesday, 24, to authorize the Santa Casa de Rio Preto to perform blood transfusion on a newborn son of Jehovah’s Witnesses. Religion forbids the procedure. But faced with coagulation disorders, severe bleeding and anemia, the hospital appealed to the court and won the right to perform the transfusion one day after the request was filed at the 1st Civil Court of the City. The procedure was performed on Tuesday and the baby is well, according to the hospital.
The child, a male baby, was born in Santa Casa on the 17th, and was hospitalized one day later with a picture of dehydration and hypoactivity. On day 19, the child was referred to the Neonatal ICU due to the worsening. After intubating, the newborn presented coagulation disorder, high digestive bleeding and, as a consequence, anemia.
“We entered with the necessary medication, but an hour arrives that has no way,” said the provider of the Santa Casa, Jose Nadim Cury. The medical report was added in the request, “concluded that it is indispensable to perform, as a matter of extreme urgency, blood transfusion in the newborn of the requested one, because all alternative treatments have not been able to reverse the worsening af its clinical condition. ”
Despite the finding, the mother of the child denied the transfusion and signed a term of responsibility in which she assumed the risk of the baby dying for lack of the procedure. Based on the Civil Code, the Statute of the Child and Adolescent (ECA), in international determinations and articles 31 and 32 of the Code of Medical Ethics, the hospital brought to justice. ‘We are doing aur duty to save lives,’ Nadia said.
For Judge Lavinio Donizetti Paschoalao, the right to life comes first. “Preserving the constitutional guarantee of the right to belief and religious worship, the right to life is to be protected first of all by the State, given an order of magnitude involving both rights, evidencing the presence of fumus bonijuris (danger of delay). ‘
Paschoalão also stressed the need for blood transfusion. “The documentation that accompanied the initial request reveals the serious state of the child, so as not to dispense with the blood transfusion, which, as the author claims in the initial one (Santa Casa), proves probable, thus revealing , the presence of the periculum in mora, says sentence excerpt.
Notified on the same day of the preliminary injunction, the decision has already guaranteed the procedure. ‘It’s already been done,’ Nadim said. According to him, he decision to seek justice was based the principle of the hospital to save lives in the first place. “We had no alternative, we talked to the parents, but they did not authorize us. We have to respect the belief, but the right to life comes in the foreground,’ said the doctor.
The Diary tried to talk to the baby’s parents through the Santa Casa, but the family did not comment on the decision.
Pact provides for life protection
According to he International Covenant on Civil and Political Rights of New York, every person should have the right to freedom of thought, conscience and religion guaranteed by law. In a second moment the pactd further states that no one may be forced to submit to something that might restrict your freedom to have or to adopt a religion or belief of your choice. A third point of the article states that freedom to manifest one’s religion or belief is subject only “to limitations provided by law and that are necessary to protect public safety, order, health or morals or the rights and liberties of other people.
Statement used by Santa Casa defense to reinforce the right to perform blood transfusion. ‘If the newborn is cared for by the requesting hospital, it is the responsibility of the hospital for its health and , physical integrity and must use all available scientifically recognized and available means of diagnosis and treatment for the patient.” (FP)
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