Justice Cardozo stated, "Every human being of adult years...

Justice Cardozo stated, "Every human being of adult years and sound mind has a right to determine what should be done with his own body, and a surgeon who performs an operation without the patient's consent is justified in refusing the patient's decision to refuse treatment has every right to do so performs a legal duty commits an assault

Texts: Cases and Problems 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 Marjorie'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?

Akash M.

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