Jehovah's Witness was raped after forcibly receiving a blood transfusion. The Court agreed with her: she was compensated with 38,000 euros

 MODENA - ITALY


 Jehovah's Witness was raped after forcibly receiving a blood transfusion.  The Court agreed with her: she was compensated with 38,000 euros

 November 16, 2023


 The woman, hospitalized for hemorrhagic shock, refused for religious reasons.  She died a month later.  The judge: «Inappropriate and brutal behavior of doctors, they cannot go beyond the inviolable rights of every human being»


 She had been subjected to a transfusion against her will, for which the Court of Modena awarded her compensation of 38,000 euros.  The events date back to 2015 and involve a Jehovah's Witness woman.


 The Court had denied authorization to the doctors


 The patient, who suffered from advanced multiple sclerosis, had been urgently admitted to the Modena hospital in a severe state of hemorrhagic shock, but had refused, for religious reasons, to undergo blood transfusions, directly or through her husband (appointed by the guardianship judge as support administrator).  The doctors, believing that blood transfusions were essential, appealed to the court, which denied authorization.  Despite this, the doctors forcibly subjected the woman to four transfusion treatments that did not prevent her death, which occurred just a month later.  Hence the decision of her husband to start a compensation process and the judge, after eight years, with a ruling of August 31, 2023, agreed with him, recognizing the financial compensation.


 "Her identity destroyed from her"


 With the ruling, the Court stated in particular that "the patient has the full right to refuse therapeutic interventions that are unwanted or contrary to her religious beliefs, either directly or through her husband, her support manager" and that doctors "cannot to go beyond the inviolable and constitutionally protected rights of every human being."  In the specific case, "in the face of such clearly manifested dissidence, they implemented clearly inappropriate and brutal behaviors because they denied her dignity in the process of dying, imposing therapeutic decisions contrary to her religious beliefs, thus destroying her identity."


 Jehovah's Witnesses: relevant ruling to regulate similar cases


 "The Court of Modena demonstrates once again to be at the forefront in defending the rights of the patient through the instrument of the support administrator," comments the congregation of Jehovah's Witnesses in a note.  "For the first time, the right to financial compensation was recognized in favor of the Jehovah's Witness patient who was forcibly transfused while he was unconscious, and also in favor of his support administrator who had been ignored by the doctors" , the Note continues.  "The ruling is pertinent to regulate all similar cases that arose before the entry into force of law 219 of 2017, which introduced in Italy the figure of the trustee and the provisions on advance treatment," concludes the congregation of Jehovah's Witnesses. .


 https://corrieredibologna.corriere.it/notizie/cronaca/23_novembre_16/modena-testimone-di-geova-obbligata-alla-trasfusione-il-tribunale-le-da-ragione-risarcimento-da-38mila-euro-cb71d20f- c36d-4f9d-ac53-fcf90acf3xlk_amp.shtml?fbclid=IwAR3jZbO3GCoH-vK0Mq3zVDaZTTud2g7Pb72g7-pqZkSIbP_8EIbLMj3Ky2E

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