A Jehovah's Witness has been granted the right to refuse life saving medical treatment by the NSW Supreme Court, on the grounds of religious belief.The ruling isn't a recognition of the man's "right to die", the court said.
Justice Robert McDougall found directives by the 70 year old man, who developed renal failure last month and was being kept alive by mechanical ventilation and kidney dialysis, should be followed "even if the likely consequence of giving effect to Mr A's wishes ... is that he will die," said an AAP report published in The Australian.
In a document he had legally prepared last year, the man identified only as "Mr A" stated: "As one of Jehovah's Witnesses I direct my guardian to refuse consent for a transfusion of whole blood, red cells, white cells, platelets, or blood plasma to be given to me under any circumstances even if heathcare providers believe that such are necessary to preserve my life."
Justice McDougall found that Mr A was competent when he signed the directive, drawn up by a solicitor, the Daily Telegraph reported. He emphasised that the court was in no way recognising Mr A's "right to die".
"If (it) is made by a capable adult, and is clear and unambiguous, and extends to the situation at hand, it must be respected," Justice McDougall said.
"A valid refusal may be based upon religious, social or moral grounds or indeed upon no apparent rational grounds; and is entitled to respect regardless."
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