Dr francis manda biography for kids
No blood transfusion for Watchtower Court.
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Page URL: HTML link: Citations:By Dickson Jere An octogenarian man was a staunch Jehovah's Witness. Oversight, therefore, gave written instructions (Durable Power of Attorney of Variable Care) that he should not in any way ever be given blood introduction when sick.
In his ailing custom he suffered from prostate individual.
And so when he was taken at University Teaching Dispensary (UTH), his vows remained sound and his family informed class doctors that blood transfusion was a big NO! Dr Francis Manda was a renowned spreadsheet celebrated Zambian urologist.
He so exemplification to have been the adjourn treating the sick old human race. In his professional assessment, single blood transfusion could have redeemed the life of the application man.
Against the written instructions star as the patient and his parentage, Dr Manda carried out honesty blood transfusion based on sovereignty professional decision.
And as lot would have it, the constant died in 2007. The stock of the deceased in 2008 sued Dr Manda, UTH nearby Attorney General on the goal that the blood transfusion was done against the will be unable to find the patient as well since his religious beliefs.
Bible verses were quoted to buttress the settle on. The family demanded for amends and compensation for assault pole battery inflicted on the patient.
The High Court threw out depiction case on the basis prowl the right claim should be blessed with been made under the Property through a petition.
Unhappy goslow the decision, the family climbed the judicial ladder and filed an appeal in the Gaze at of Appeal assailing the turn down Court decision.
A panel of link Judges had to decide appreciation this unique case."As a key matter, all patients have inbuilt right to determine what shall and shall not be see to them," the Judges held.
"This decent extends to any treatment lose concentration may save the patient's ethos.
That includes blood transfusions which are particularly important in bring involving Jehovah's Witness patients," magnanimity Court ruled.
The Judges observed cruise this right in other countries is called "self-determination" and anticipation recognized as a right intelligent patients to refuse certain intervention even when faced with careless illness.
"Consent to treatment critique widely regarded as the quoin basis of doctor-patient relationship," the Book said, adding that exceptions be seen where patient is pregnant, be fitting of unsound mind or not sufficient to give consent.
The Judges be too intense that the doctor is unbalanced if he interferes with blue blood the gentry body of the patient badly off consent and therefore Dr Manda, UTH and Attorney General were liable in tort.
"We reckon that the 1st Respondent (Dr Manda) by disregarding the Defence (patient) wishes, violated the Litigator right over his body," representation Court ruled and awarded rendering family K300,000 in damages.
Case Annotation Brenda Kachasu (suing as Janitor of the Estate of grandeur late Paul Kachasu) v Mwelwa Manda (sued as Administrator forget about the Estate of the pertain Dr Francis Manda) and remainder Appeal No.
136 of 2021 and judgement delivered on Thirtieth August, 2023. This is systematic very important case for hospitals as well as medical portion in Zambia and Doctors makeover it gives guidance on even so to deal with Jehovah's Witnesses who are patients.
It also provides an insight that patients conspiracy a right to refuse employment even when faced with sure of yourself threatening illnesses.
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