Legal considerations regarding the blood transfusion refusal in cases of minor patients

Abstract

(1) Background: This study examines the issue of malpractice accusations related to medical procedures in case of minor patients belonging to specific religious sects, focusing on both legal and ethical perspectives. The analysis particularly addresses the consequences of disregarding the refusal of legal guardians to consent to blood transfusions. (2) Methods: The present study is analyzing the opinion of doctors that practie in various hospital units regarding a series of aspects related to the refusal of blood transfusions in the case of minor patients who belong to certain religious sect. These aspects mainly targeted their level of awareness regarding the relevant legislation, the incidence rate of such cases in practice, and the risk of malpractice accusations. For this observational-prospective study, a questionnaire consisting of ten closed-ended questions was delivered to fifty doctors. Before starting to complete the questionnaire, the doctors were asked for their consent to participate in the study, being informed about its purpose. Doctors answers were analysed and interpredeted in order to revel if doctors are informed about the legal aspects, thei protection offered by the law and their attitude regarding the boold transfusions for this cathegory of patients. (3) Results: The results of this study show that most doctors are aware of the Romanian legislation regarding the rules on the expression of consent to the medical act in the case of minor patients by the latter's legal representatives, but they feel threatened by the danger of being exposed to accusations of malpractice when they are put in the situation of providing medical care to minor patients who belong to a certain religious cult, because they are faced with the vehement refusal of their family members who do not accept the idea of medicine based on blood transfusions. Although there is this rule from which the legal representatives of minor patients belonging to a particular religious cult do not deviate, the results showed that doctors believe that the best interests of those seeking medical services must be emphasised, prioritising the fundamental values that protect life or health. (4) Conclusions: Protecting the best interest of minor patients by prioritizing their health should be the main guideline for any legal representative when they need to make a decision regarding the medical care. From a legal perspective, however, it must be accepted that there is no unified viewpoint on this extremely delicate and complex issue, with voices condemning the physician's attitude of violating the will of the legal representatives of minor patients, adherents of a certain religious sect, by applying blood transfusion-based treatments.