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TITLE Supreme Court Decision 2009Do14407 Decided June 26, 2014【Involuntary Manslaughter by Professional Negligence】 [full Text]
Summary
In a case where: (a) with a clear expression of the patient’s refusal of blood transfusion, a surgery was performed with the patient’s consent on the premise of not performing a blood transfusion; but (b) an emergency arose during the surgery that would place the patient’s life in a grave danger unless blood was transfused, (i) the matters to be considered by a doctor in performing medical treatment, and (ii) the standard for determining whether the patient’s self-determination right to bodily integrity in refusing blood transfusion is of equal value to that of life; The predicate elements for a patient’s exercise of the right to bodily integrity in blood transfusion refusal to be effective; The standard of care required of a doctor when performing surgery without blood transfusion pursuant to the patient’s exercise of the right to bodily integrity
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