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Keywords

lawsuitdamagesnegligenceliabilitystatuteverdictleasecomparative negligence

contractnegligenceliabilityadmissibility

Related Cases

Shorter v. Drury, 103 Wash.2d 645, 695 P.2d 116

Facts

Doreen Shorter, a Jehovah's Witness, underwent a D and C procedure after a missed abortion. Despite being informed of the risks, including the possibility of severe bleeding, she and her husband signed a refusal for blood transfusions due to their religious beliefs. Following the procedure, Doreen experienced severe internal bleeding and refused a transfusion, leading to her death. Elmer Shorter subsequently filed a wrongful death lawsuit against Dr. Robert Drury, the physician, claiming negligence.

The deceased, Doreen Shorter, was a Jehovah's Witness, as is her surviving husband, Elmer Shorter. Jehovah's Witnesses are prohibited by their religious doctrine from receiving blood transfusions.

Issue

The main legal issues were whether the refusal to permit a blood transfusion constituted a valid release of the physician from liability for negligence, and whether the assumption of risk doctrine applied in this case.

The three issues before us concern the admissibility of the 'Refusal to Permit Blood Transfusion' (refusal); whether assumption of the risk is a valid defense and if so, whether there is sufficient evidence for the jury to have found the risk was assumed by the Shorters; and whether the submission of the issue of assumption of the risk to the jury violated the free exercise clause of the First Amendment.

Rule

The court held that a refusal to permit a blood transfusion does not release a physician from liability for negligence, and that the doctrine of express assumption of risk survives the enactment of comparative negligence statutes.

While the rule announced by this court is that contracts against liability for negligence are valid except in those cases where the public interest is involved.

Analysis

The court analyzed the evidence presented, concluding that the Shorters' refusal to accept a blood transfusion was made voluntarily and with an understanding of the risks involved. The court found that while the Shorters did not assume the risk of Dr. Drury's negligence, they did assume the risk of death resulting from their refusal to permit a blood transfusion, which was a proximate cause of Doreen's death.

We find the refusal to be valid. There was sufficient evidence for the jury to find it was not signed unwittingly but rather voluntarily.

Conclusion

The court affirmed the jury's verdict, which reduced the damages awarded to Elmer Shorter by 75% based on the assumption of risk, while also confirming that the refusal to permit a blood transfusion did not absolve the physician from liability for negligence.

The refusal was properly placed before the jury; the instructions on assumption of the risk were not in error and the issue was properly before the jury; there was no violation of the free exercise clause of the First Amendment.

Who won?

The prevailing party was Dr. Robert Drury, as the court upheld the jury's decision to reduce damages based on the assumption of risk by the Shorters.

The majority holds the Shorters did not assume the risk of Dr. Drury's negligence.

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