Jurisprudencia sobre transfusión de sangre y consentimiento informado de Testigos de Jehová.

Resumen

The law Nº 20.584 established the informed consent. This could suggest that patients have a right to refuse a blood transfusion. However, the dominant jurisprudence in protection claims filed against Jehovah Witnesses who rejected a blood transfusion, reveals that they do not have such a right. There were two exceptions in 2008, where courts acknowledged the patient’s autonomy and denied the petition to authorize a blood transfusion. Most cases precede law Nº 20.584. However, those cases which were upheld by the courts after the promulgation of the law, although few, follow exactly the same doctrine as before the appearance of this act.