Nah, the whole point of going to court was to cover their ass legally either way, so that the operation could go ahead.
If they’d refused a transfusion and she’d died, they could get sued for not transfusing. If they’d overrode her wishes and transfused, they could get sued for that. By getting the court’s opinion beforehand they limit the chance of either happening.
Sure, that’s why this went to court, but the end result is the same, that the kid must now decide whether to have the operation knowing they might get a “sinful” blood transfusion, or refuse the entire operation.
Maybe the low risk of needing a transfusion will be enough to convince them it’s fine, or maybe the doctors don’t really care about the child’s welbeing and just wanted to be covered for all eventualities, but it’s still a bit of a perverse incentive
If anything the end result is different. The hospital had decided that the 14 year old had “capacity” to make the decision, meaning they would go along with her wishes. The hospital then sought the legal opinion of the court to cover their asses. The court made a different decision, ruling that the child does not have authority to make that choice and that the doctors must act to preserve the child’s life.
If I’m reading this right, the court only decided if the hospital can decide to give a blood transfusion after the operation. But the kid is still free to decide if they’ll accept the operation in the first place (or you know, just never show up), the kid knows about the court case, so they know if they accept the operation they are accepting a potential transfusion.
So whilst everything you say is true, it doesn’t change the original issue I pointed out.
Nah, the whole point of going to court was to cover their ass legally either way, so that the operation could go ahead.
If they’d refused a transfusion and she’d died, they could get sued for not transfusing. If they’d overrode her wishes and transfused, they could get sued for that. By getting the court’s opinion beforehand they limit the chance of either happening.
Sure, that’s why this went to court, but the end result is the same, that the kid must now decide whether to have the operation knowing they might get a “sinful” blood transfusion, or refuse the entire operation.
Maybe the low risk of needing a transfusion will be enough to convince them it’s fine, or maybe the doctors don’t really care about the child’s welbeing and just wanted to be covered for all eventualities, but it’s still a bit of a perverse incentive
If anything the end result is different. The hospital had decided that the 14 year old had “capacity” to make the decision, meaning they would go along with her wishes. The hospital then sought the legal opinion of the court to cover their asses. The court made a different decision, ruling that the child does not have authority to make that choice and that the doctors must act to preserve the child’s life.
If I’m reading this right, the court only decided if the hospital can decide to give a blood transfusion after the operation. But the kid is still free to decide if they’ll accept the operation in the first place (or you know, just never show up), the kid knows about the court case, so they know if they accept the operation they are accepting a potential transfusion. So whilst everything you say is true, it doesn’t change the original issue I pointed out.