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Medical Research Legal Document 1990

Malette v Shulman — Right to refuse blood transfusion

Ontario Court of Appeal

Summary

Landmark Canadian court decision establishing that a competent adult's advance directive refusing blood transfusion must be respected, even in a life-threatening emergency. The physician who transfused an unconscious Jehovah's Witness patient against her written directive was found liable for battery. Foundational case for advance directive enforcement.

Key Excerpts

A doctor is not free to disregard a patient's advance instructions any more than he would be free to disregard instructions given at the time of the emergency. The patient's right to self-determination must prevail.

Judgment

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