A young Jehovah's Witness in her twenties remains in critical condition in the Intensive Care Unit (ICU) of San Jorge Hospital in Huesca, without the specialists being able to carry out a blood transfusion to try to save her life due to the instructions that the patient left before being intervened. The facts, released by the Heraldo de Aragón, were put this week in the knowledge of the court of guard of the capital of Aragon by one of the doctors of the UCI hospital HOSPITAL before the impossibility of consulting directly with the patient.
After being operated on a few days ago, the girl suffered acute peritonitis that led doctors to induce a coma and to consider the need to carry out a blood transfusion. However, the patient left written in her living will and, according to her beliefs, her position of absolute rejection of blood transfusions, which Jehovah's Witnesses do not accept for religious reasons.
Sources of the Superior Court of Justice of Aragon (TSJA) reported on Thursday that the holder of the Court of Instruction No. 1 of Huesca received the medical report while he was on duty and was warned of the refusal of the young woman to a transfusion, under of the Patient Autonomy Law. According to these sources, the magistrate, in view of the documentation provided, resolved to dismiss the claim on the understanding that there was no legal problem in relation to the patient's situation.
These sources, in addition, do not make any reference to the position of the family of the young woman regarding the situation in which her daughter is currently. On the other hand, the Prosecutor's Office of Huesca, after receiving the report from the specialists of the ICU, decided not to intervene after assessing that the patient is of legal age and is entitled to make a decision regarding the medical treatments to be received.
According to other judicial sources informed to Efe, the court of guard today in Huesca would not have received any other written referred to the case, reason why the specialists lack of options to be able to carry out the advised transfusion. These sources have pointed out that this case is not the only one that has been registered in the Aragonese Community over the last few years in relation to Jehovah's Witness patients, whose beliefs lead them to reject the mixture or intake of blood.
This case occurs 25 years after the death of 13-year-old Marcos Alegre, deceased after his parents, residents in the Huesca town of Ballobar, did not accept that his son received a transfusion that specialists considered necessary to save his life. In the context of a debate that leaped into the media, the parents were acquitted of the crime of imprudent homicide that the prosecution charged them with, but were sentenced two years later, at the request of the public prosecutor's office, with a penalty of 2 years and 6 months. prison for these facts.
Finally, the parents accepted a government pardon, before being definitively acquitted by the Constitutional Court, which based its decision on the right to religious freedom. This situation, previously assessed by the Board of Prosecutors before filing their appeal before the Supreme Court, motivated Circular 1/2012 of the State Attorney General's Office, referring only to the cases of minor Jehovah's Witnesses who reject blood transfusions. This circular urges prosecutors to explore all legal avenues at their disposal to try to save the lives of these minors whenever there is a medical possibility that allows it.