A Scottish judge has authorised doctors to administer a blood transfusion to a 14-year-old Jehovah’s Witness if it becomes necessary following surgery, despite the teenager’s refusal based on religious beliefs.
The Court of Session in Edinburgh heard that the girl had made clear to medical staff that she did not consent to receiving blood under any circumstances, including emergencies, because of her faith. Jehovah’s Witnesses reject blood transfusions, citing religious teachings from the Bible that instruct followers to abstain from blood.
Lawyers representing a Scottish health board asked the court to intervene, arguing that a transfusion might be required to save the girl’s life. They said blood loss was an “inevitable consequence” of the planned operation and that doctors might not have enough time to seek legal approval if complications arose.
In her ruling, Judge Lady Tait granted an order allowing doctors to administer a transfusion for up to two weeks after the procedure, but only if it was necessary to prevent serious harm or death. She said she was satisfied that the decision was in the child’s best interests, while also giving “appropriate weight” to the girl’s views.
A report submitted to the court concluded that the teenager had medical decision-making capacity and fully understood the consequences of refusing treatment. Despite this, Lady Tait said the potential risk of death if a transfusion were withheld outweighed the low probability that one would be needed.
In a written judgment published on Tuesday, the judge noted that while the likelihood of requiring a transfusion was small, the consequences of not giving one could be severe. She also highlighted that this was the first time a Scottish court had considered such issues involving a child under 16 who was assessed as having capacity.
Neither the child nor the health board involved has been identified.
Lady Tait said the court’s intervention was necessary to ensure doctors could act swiftly in an emergency, concluding that authorising the treatment was ultimately in the teenager’s best interests.
