Court order allows patient to get blood

A COURT order was obtained to allow a 33-year-old patient to receive a lifesaving blood transfusion in Kimberley after his biological mother refused to give consent due to religious reasons.

Legal Aid South Africa spokesperson for the Northern Cape, Boitumelo Boshupeng, said the Northern Cape High Court recently granted permission to Lenmed Royal Hospital and Heart Centre in Kimberley to administer the blood transfusion.

“The patient’s father approached the Legal Aid SA offices in Kimberley on February 23 for legal intervention and assistance. During the consultation the father revealed that his son was in the intensive care unit after he was involved in a car accident and had to undergo further surgery that required a blood transfusion.”

He added that while the patient was administered oxygen, he did not have enough blood to contain the oxygen.

“This could have exposed him to more risk of infection in his other organs. The patient's mouth started to rot as it could not contain the life support inhalation pipe and the hospital had to remove it and open a hole in the throat to insert a new pipe. Furthermore, no urgent surgery could be done as his blood level was too low.”

Boshupeng stated that Legal Aid SA brought an urgent application in terms of the National Health Care Act 61 of 2003.

“Lawyers prepared papers on behalf of the father and other family members, including members of the biological mother’s family. All the family members, some who are based outside of Kimberley, signed in support of the application.”

He said the matter was heard before Justice Nxumalo who granted the order to authorise the hospital to perform the blood transfusion, without the consent of any interested party.

“The lawyers proceeded to serve the order on the medical institution and after a few days, the father confirmed that the surgery took place on March 4.”

Boshupeng indicated that the merits of the case and subsequent judgement highlighted the urgency at which legal intervention needed to be implemented, in the interests of the well being of the patient.

“In the absence of expert mediation amongst opposing family and beliefs, the honourable courts of the Republic and the legal practitioners who practise in them act as heroes for the vulnerable and indigent.

“Legal Aid SA stands firm in its commitment to ensuring justice for indigent and vulnerable communities,” he said.