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Re T (Adult: refusal of medical treatment) [1992] 4 All ER 649, (1992) 9 BMLR 46 (CA)

On 1 July 1992, Miss T was 34 weeks pregnant when she was involved in a road traffic accident. On 4 July 1992, she was admitted to hospital complaining of chest pains, where she was diagnosed as suffering from pleurisy or pneumonia. She was prescribed antibiotics, painkillers and placed on oxygen.

Miss T had been brought up by her mother, an active Jehovah's Witness, but was not one herself. Her father and his family were opposed to this religious sect. On 5 July 1992, she experienced considerable pain and suffered contractions in the first stage of labour. At that time, she expressly stated that she did not want a blood transfusion. Shortly before this decision, she had been alone with her mother and Miss T had asked if there were any alternative treatment to blood transfusion. She was told that there was.

It was decided to carry out a caesarean section and Miss T signed a form, refusing blood transfusion. Contrary to what was stated on the form, it was not explained to Miss T that it might be necessary to give a blood transfusion so as to prevent injury to her health, or even to preserve her life, nor was the form read or its contents explained to her. The caesarean was performed on 6 July 1992, but the baby was stillborn. That night Miss T's condition deteriorated and she was transferred to intensive care. An abscess had developed in her lungs and she was in a critical condition. The hospital requested a declaration from the court stating that it would be lawful for them to perform a blood transfusion on Miss T under these circumstances.

Court decision