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February 29, 2000
Japan Supreme Court rules in favor of patient’s right to refuse blood transfusion
The Supreme Court of Japan ruled today that a patient’s refusal of a blood transfusion must be respected. Takeda v. The State is the first case in Japan where a civil charge has been made against physicians for giving an unwanted blood transfusion.
The Supreme Court upheld a lower court ruling ordering the government and doctors at a state-run hospital to pay 550,000 yen (about $5,000 U. S.) to relatives of a patient who was given a blood transfusion without her consent.
In 1992, Misae Takeda, a 63-year-old cancer patient, received a blood transfusion during surgery, although she had informed her physicians that she would not accept one under any circumstances. On February 9, 1998, the Tokyo High Court handed down a landmark decision upholding her right to informed consent.
Today’s unanimous Supreme Court ruling said the doctors at the Tokyo University Institute of Medical Science Hospital did not tell the patient in advance that a blood transfusion may be necessary. “When a patient refuses to undergo a transfusion because of his or her religious beliefs, such a will must be respected as a part of the personal rights,” the ruling said.
Doctors in Japan have traditionally felt that they have the right to withhold information and to make medical decisions for the patient. Today’s decision will bolster the growing trend toward respect for patients’ rights, said Takeda’s attorney, Isamu Noguchi.
Mrs. Takeda died in August 1997 from cancer. Her son, Masami Takeda, said she would have been pleased with today’s ruling. “Although this took a long time to come, I am very happy that my mother’s wishes have been vindicated today,” he said.
This is the second case involving the religious beliefs of Jehovah’s Witnesses where the Supreme Court highly evaluated religious freedom guaranteed by the Japan Constitution. On March 8, 1996, the Japan Supreme Court ruled that a technical college violated a student’s rights by expelling him for his refusal to participate in martial arts training.
Contacts: Contact: J. R. Brown, telephone: (718) 560-5600