Refusal of blood transfusion by Jehovah’s Witnesses in Italy: legal and ethical issues

Patient blood transfusion refusal is one of the most dramatic and complicated events physicians must face. The Authors
discuss ethical and legal framework for such circumstances in Italy, also in relation to the main judgements of Italian
Courts and European Court of Human Rights in this field. Contrasting positions are found in case law. The main issues
emerging from case law are: patients’ rights, informed consent, the right to refuse medical treatments and healthcare
professional’s protective role. In the assessment of patient’s best interest, subjective components (and then respect for
patient’s autonomy) cannot be neglected. The complexity of this subject and the presence still of opposing positions, even
in case law, make a strong case for additional rulemaking by legislators. The role of the healthcare professional should be
guiding patients to good decisions while remaining flexible in accepting autonomy.