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Shorter v. Drury | 103 Wash.2d 645, 695 P.2d 116 (1985)
Jehovah’s Witnesses refuse blood transfusion based on what they see as specific biblical prohibitions, the violation of which would deny them eternal salvation. This has resulted in a string of cases in which religious convictions clash with medical advice, such as the conflict on display in Shorter versus Drury.
Doreen Shorter had been pregnant for a few months when her fetus died. Doctor Robert Drury recommended a dilation and curettage, or D and C. He explained that this procedure presented some risk of bleeding.
Doreen and her husband Elmer were Jehovah’s Witnesses. At the hospital, Doreen and Elmer both signed a form indicating their refusal to accept blood transfusions due to their religious beliefs. They indicated that they understood the possible consequences and that they released the hospital and doctor from any responsibility for unfavorable results due to this refusal.
Doctor Drury performed the surgery, but he accidentally pierced Doreen’s uterus with the sharp curette. Doreen began to bleed profusely. The doctors told her she was in danger of bleeding to death, but she and Elmer refused a blood transfusion. Doreen bled to death. All doctors agreed she probably would’ve survived had she received a transfusion.
Elmer sued Drury, alleging that Drury’s negligence caused Doreen’s death. The jury found that Drury’s negligence was a proximate cause of death. But it also found that the Shorters had knowingly and voluntarily assumed the risk of Doreen’s bleeding to death. The jury attributed seventy-five percent of the fault to the Shorters’ refusal to authorize a transfusion. It reduced the damages accordingly.
Elmer appealed to the Washington Supreme Court. He argued that the refusal form only released Drury from liability for not transfusing blood during a non-negligently performed operation.
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