Cases and Problems

1.

Marjorie, a middle-aged entrepreneur, was involved in a terrible, single-car accident.

When she was taken to a nearby hospital, the attending nurse discovered that Majorie's

purse carried a card that contained the following statement: "NOTICE: I am a Jehovah's

Witness. Because of my religious beliefs, I do

not

consent, under any circumstances, to any

emergency medical procedures that involve blood transfusions." The nurse brought the card

to the attention of the emergency room physician, Dr Curtis. He immediately appreciated the

dilemma. If he failed to perform a blood transfusion, Marjorie certainly would die within an

hour. But if he proceeded with the transfusion, he would be overriding her religious beliefs.

How should Dr Curtis proceed? Aside from moral considerations, what should he be told

regarding the law? Can he be held liable, under an intentional tort, for performing an

operation that will save Marjorie's life?