Jehovah's Witness parents' legal win means child with cancer can skip blood transfusions
The Republic, Arizona/April 4, 2018
By Ken Alltucker
The parents of a 14-year-old boy with bone cancer won a legal challenge against a Mesa hospital that attempted to override their religious objections to blood transfusions.
The Arizona Court of Appeals on Tuesday ruled that a lower court's emergency hotline used by hospitals to authorize medical treatment on behalf of patients is not allowed under state law.
The parents of a 14-year-old boy with bone cancer challenged Banner Cardon Children's use of a Maricopa County Superior Court emergency hotline to authorize blood transfusions on behalf of the child. The parents and boy are Jehovah's Witnesses and objected to blood transfusions on religious grounds.
While Banner Cardon's medical-treatment plan initially consisted of alternative therapies to fit the parents' religious views, hospital staff later determined that blood transfusions were medically necessary.
Hospital staff called the Maricopa County Superior Court hotline multiple times from October through December last year to seek authorization for the blood transfusions. The court granted three of five requests, according to court documents.
The parents filed a petition with the Arizona Court of Appeals seeking to halt the transfusions.
The parents, identified as Glenn and Sonia H., argued that the Superior Court hotline "lacked jurisdiction" for such emergency medical requests and also argued that hospital staffers did not justify the medical need for blood transfusions.
The lower court said that such emergency requests were "standard practice" nationwide and the hotline rotated among Superior Court judges who answered requests after hours.
In an opinion written by Judge Kenton D. Jones, the appellate court concluded that the question of whether the lower court had jurisdiction to OK emergency medical treatment was one "of significant statewide importance."
Jones noted that Arizona law allows a Juvenile Court that has jurisdiction over a child to order a parent or guardian to get medical treatment for a child. However, the appellate court did not find any such jurisdiction for a Superior Court emergency hotline.
"Our review of Arizona statutes and rules of procedure reveals no provision ... authorizing the superior court to maintain an emergency hotline for the purpose of ordering medical treatment for a non-consenting minor," Jones wrote.
Therefore, the lower court's order authorizing medical treatment on behalf of the boy is void, the appellate court said.
The parents filed the appellate-court action in November but did not request a stay of the lower court's order. The boy received blood transfusions on Dec. 1 and Dec. 5 before his parents relocated his care to a medical facility in Portland, Oregon.
Banner Health officials said the health-care provider has not yet decided whether to appeal the appellate court's decision.
Representatives of Watchtower Bible and Tract Society of New York, which filed a legal brief on behalf of the parents, did not immediately return a message seeking comment.
A Jehovah's Witnesses website said the religion considers blood transfusions a "religious issue rather than a medical one," citing multiple biblical passages.
Patients who develop certain types of cancer, such as leukemia, often require blood transfusions as a part of treatment.
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