LSCI 106: ONLINE RESEARCH 1: INTRODUCTION TO ONLINE RESEARCH

Student Project: WEBLIOGRAPHY

RESEARCH QUESTION:

In tort law, can the heirs of Jehovah’s Witnesses sue for wrongful death if the decedent would have lived if he or she had not refused a blood transfusion on religious grounds?

Jehovah’s Witnesses believe that, based on their interpretation of the bible, the transfusion of blood will result in a loss of eternal life. The only way a transfusion can be made despite the patient’s wishes is if it is authorized by the courts, usually if there’s a question of competency, or if the state demonstrates a “compelling, overriding interest,” or if they are not competent adults, have dependents, or are pregnant. Currently, Jehovah’s Witnesses sign standard American Medical Association forms which legally relieve physicians and hospitals from liability. Therefore, my question is, if the physicians and hospitals are relieved from liability, why should the tortfeasor still be held liable for wrongful death (and not just for the injury)?

 

In case law, there are few cases whereby the defendants were free from liability, and in all California cases, the defendants were found liable for wrongful death (the only case in which no damages were awarded to the plaintiff was in Mississippi law). It seems that as soon as the reasonableness of religion issue arises, it becomes a constitutional question and this freedom of religious choice is protected by the First Amendment of the United States Constitution, as well as Article 1, Section 4 of the California Constitution.

 

 

 

GENERAL SEARCH WORKSHEET

CONCEPT #
Search Terms

 

1
jehovah's witness*
religious beliefs

2
transfusion

3
sue
tort
legal action
assumption of risk
wrongful death
Right to refuse
4*
parents
minor
child

*optional concept

 

SUBJECT HEADINGS

InfoTrac OneFile Database:

  • Assumption of the risk doctrine: 181 records
  • Assumption of the risk doctrine – cases: 37 records
  • Jehovah’s Witnesses: 286 records
  • Right to refuse treatment: 339 records
  • Right to refuse treatment – cases: 140 records

Lexis / Nexis

  • Right to die
  • Religious freedom

SF Gate

  • Religion
  • Medicine

Google

  • Jehovah
  • Religion
  • Medicine

 

DATABASE RESULTS

InfoTrac OneFile Database (access date: 09/15/02)

Field
Search Terms
Total Records
SUBJECT

jehovah's witness* AND blood transfusion AND wrongful death
1


Lexis / Nexis (access date: 10/01/02)

Field
Search Terms
Records
TERMS

(jehovah's witness)
 
AND

(sue OR tort OR legal action OR assumption of risk)

 
AND

(blood AND transfusion)
2


SF Gate (access date: 10/14/02)

Field
Search Terms
Records
TERM

religion
 
TERM

medicine
2


 Google (access date: 10/14/02)

Search Terms
Records
"jehovah's witness" "blood transfusion" "wrongful death"
153

 

WEBLIOGRAPHY
 

Gillon, Raanan: “Refusal of potentially life-saving blood transfusions by Jehovah's Witnesses: should doctors explain that not all JWs think it's religiously required?” Journal of Medical Ethics 26 (2000): 299-301. Watchtower Information Service. <http://www.watchtowerinformationservice.org/gillon.htm>

 

Staver, Mathew D. “Why States Need RFRA.” Liberty Counsel. <http://www.lc.org/OldResources/rfra.htm>

 

Munn v. Algee, 924 F.2d 568 (5th Cir. 1991). Federal Cases, Combined Courts. Lexis-Nexis. <http://lexisnexis.com/research>

 

Shorter v. Drury, 695 P.2d 116, Wash.,1985., Jan. 11 , 1985. 12 July 2001. Jehovah's Witnesses United. <http://jehovah.to/legal/blood/shorter.htm>

 

 

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last revised: 12-18-02 by Eric Brenner, Skyline College, San Bruno, CA
These materials are copyrighted but may be used for educational purposes if you inform and credit the author and cite the source as: LSCI 106 Online Research. All commercial rights are reserved. Send comments or suggestions to: Eric Brenner at brenner@smccd.net