Malette Essay

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Malette v. Shulman et al. 72 O.R. (2d) 417 ONTARIO Court of Appeal Robins, Catzman and Carthy JJ.A. APPEAL by defendant physician and CROSS APPEAL by plaintiff from a judgment of Donelly J., 63 O.R. (2d) 243, 47 D.L.R. (4th) 18, 43 C.C.L.T. 62, awarding the plaintiff damages against the physician for battery and dismissing the action against the hospital. The judgment of the court was delivered by ROBINS J.A.:— The question to be decided in this appeal is whether a doctor is liable in law for administering blood transfusions to an unconscious patient in a potentially life threatening situation when the patient is carrying a card stating that she is a Jehovah's Witness and, as a matter of religious belief, rejects blood transfusions under any circumstances.I In the early afternoon of June 30, 1979, Mrs. Georgette Malette, then age 57, was rushed, unconscious, by ambulance to the Kirkland and District Hospital in Kirkland Lake, Ontario. She had been in an accident. The car in which she was a passenger, driven by her husband, had collided head on with a truck. Her husband had been killed. She suffered serious injuries. On arrival at the hospital, she was attended by Dr. David L. Shulman, a family physician practising in Kirkland Lake who served two or three shifts a week in the emergency department of the hospital and who was on duty at the time. Dr. Shulman's initial examination of Mrs. Malette showed, among other things, that she had severe head and face injuries and was bleeding profusely. The doctor concluded that she was suffering from incipient shock by reason of blood loss, and ordered that she be given intravenous glucose followed immediately by Ringer's Lactate. The administration of a volume expander, such as Ringer's Lactate, is standard medical procedure in cases of this nature. If the patient does not respond with

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