Despite mother's wishes, judge orders transfusions

Kent

Despite mother's wishes, judge orders transfusions for ailing premature boy

SHURLEY
ARKANSAS DEMOCRAT-TRACI

A Pulaski County judge, at the request of officials at the University of Arkansas for Medical Sciences, ordered this week that a premature baby boy in their care be given blood transfusions despite the objection of the child's mother.
According to an affidavit filed by a University Hospital doctor, the woman, who gave birth March 10, told doctors she would not consent to the transfusions. The doctor states that he is aware the woman is a member of the Jehovah's Witnesses and she has chosen to withhold the transfusions "because of her faith."
Citing Arkansas Code 20-9-604, Circuit Judge Willard Proctor Jr. ordered Wednesday that the transfusions be given. The boy was in serious condition Thursday afternoon, University Hospital spokesman Jerri Jackson said.
"Fortunately, we don't have to do it that regularly. I think the last time was in 1998," UAMS attorney Rhonda Thornton said of the emergency petition. "We were literally knocking on doors and were luckily able to find Judge Proctor."
The baby was born at University Hospital in Little Rock after just 26 weeks of gestation. He weighed 1 pound, 12 ounces at birth.
The mother could not be reached Thursday for comment.
In an affidavit filed with the petition, Whit Hall, the boy's doctor, says the boy suffers from a lung disease that requires his blood be drawn in order to monitor blood gases. He needs transfusions to replace the blood being drawn, Hall said in the affidavit.
He wrote: "I am aware that his mother is a Jehovah's Witness and objects to a blood transfusion for any purpose. I have explained to her the serious danger of withholding necessary blood transfusions, but because of her faith, she is not willing to consent."
Pat Fink, an elder at the Jehovah's Witnesses' Kingdom Hall in Texarkana, said the mother doesn't currently attend his church, but has in the past.
Fink said Jehovah's Witnesses base their objection to blood transfusion on Acts 15:29 in the Bible's New Testament.
"Blood is considered sacred," Fink said. "It's something that's been taught through the Bible since the time of Noah."
Fink said doctors across the country have become more willing in recent years to conform to the wishes of Jehovah's Witnesses and explore options besides transfusions. The church provides assistance for members who request legal aid in defending their decision, Fink said.
Thornton said Arkansas Code 20-9-604 allows consent for medical treatment to be given in an emergency like the boy's need for a transfusion. The law allows a circuit judge or chancellor to grant an order for necessary medical treatment or procedures in three situations. Those involve:
A pregnant female in her third trimester of pregnancy.
A parent of a minor child if the court finds that the life or health of the parent is essential to the minor child.
A person of insufficient age or mental capacity to understand or appreciate the nature of the proposed surgical or medical treatment and the probable consequences of refusal of the treatment.
The order that Proctor signed Wednesday said: "Although the parent has an interest in all decisions concerning the religious upbringing of their baby, the state has an interest in the preservation of life of the infant, and in this case the state's interest in preserving the life of the infant outweighs the interests of the parent in practicing her religion."
Thornton said the woman will be notified of Proctor's order and can request a hearing.
Fink said Wednesday he thinks the woman should have been allowed to appear before Proctor before the decision about how to treat the infant was made.
"In all fairness it really should be something that the judge should be able to hear what her spiritual beliefs are," Fink said.