Death caused partly by malpractice and partly religious refusal
VOLOKH at LAW.UCLA.EDU
Thu Apr 17 17:37:59 PDT 1997
Rozewicz v. N.Y. City Health & Hosp. Corp., 1997 WL 177687 (N.Y.
Sup. Feb. 18), discusses a wrongful death claim in which a defense is
that plaintiff would have survived had she had a blood transfusion.
Plaintiff refused the transfusion on religious grounds.
The judge's opinion canvasses the precedents, and concludes that
the defendants may argue assumption of risk: That the decedent may
have "expressly assumed the risk of any conscious pain and suffering
[and wrongful death] by refusing to submit to blood transfusions."
-- Eugene Volokh, UCLA Law
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