Daphne suffered massive blood loss during a hysterectomy operation. A blood transfusion probably would have saved her life. As a Jehovah's Witness, however, she had given instructions that she did not wish to receive such treatment and signed a waiver liability. She conseqeuntly died. Her husband and child brought an action against the hospital and the doctor for wrongful death under s2 of the Family Compesation Act, RSBC 1996, C126.

Is the doctor and the hospital liable for wrongful death by not performing the lifesaving blood transfusion? Would it make a difference if the Doctor did not know she was a Jehovah's Witness or know that she did not wish to have a blood transfusion? Explain your answer.