Legal Precedents

Question 1

Mrs. Malatte and Dr. Shulman (1987, Ontario)

What happened and why is it important?

Answer 1

• Dr. showman was an emergency room physician that gave Miss Mel it a blood transfusion despite a Card which said she was a Jehovah’s Witness
• as the card was not dated nor witnessed he thought there was insufficient evidence about her true wishes
• In 1987 the court found the doctor guilty a battery
• importance:
  1. court placed principle of autonomy over beneficence
  2. A doctor must treat patients if it’s instructions the same as those given at the time of the emergency

Interesting points from judge:

• If decision influence by religion is more likely to crystallize in life-threatening situations
• It cannot be subject to scrutiny on the basis of how reasonable it is because that is based on ever changing norms