Jehovah’s witness sues hospital over unwanted blood transfusion

A 53 year old Ecuadorian woman living in Spain, a Jehovah’s Witness, sued a hospital after she underwent surgery and was given a blood transfusion without her consent.

Rosa Edelmira Pindo Mulla filled out three forms before the surgery in 2018, expressing her religious objection to any blood transfusion, even if her life was at stake. During the operation, however, doctors transfused blood due to excessive bleeding, without her consent.

Mulla has since sought justice for herself, submitting a petition to the European Court of Human Rights (ECHR) in March 2020. The court ruled that there was a violation of the European Convention on Human Rights in 46 countries that had previously ratified it.

Mulla previously sought justice in the courts of Madrid and the Spanish Constitutional Court but her case was dismissed in all instances.

Mulla claimed that she had clearly explained in writing and spoken to hospital officials about her opposition to blood transfusion due to religious reasons.

On the other hand, the hospital stated that considering Mulla’s situation, the doctors contacted a duty judge for advice, and they were allowed to intervene medically or surgically as necessary to save the patient’s life.

Divided opinions

Nicolas Martinez, a representative of the Spanish government, affirmed that the situation required a rapid response.

Mulla’s lawyer argued that she was a victim and this case sparked a long-standing controversy due to its complexity. Some people believe the doctors did the right thing, while others think that any individual’s wishes, no matter how extreme, should be respected as long as they do not affect others. The case remains under consideration in 2024, and a verdict is expected in a few months.

In related news, the Thai Red Cross Society’s National Blood Centre clarified that the blood donated and subsequently delivered across the nation’s hospitals is not up for sale. However, recipients are required to cover a service fee.