Legal Problems regarding Doctor’s Duty in Case of the Patients Claim about Right to Reject Blood Transfusion Treatment

Abstract

This academic article objectives are to study the legal problem with medical rejection of patients about blood transfusions that the National Health Act, B.E. 2550 have had the form of consent given in, but the legal is not clear enough to prevent potential legal and ethical issues, Including no specific penalty for violating the will of the patient. Occasionally if any cases are expected that the intention of the patient will be adversely consequences, such as rejection of blood transfusions in the risk condition that the patient must be rescued by urgent blood transfusions. It has shown contrary rights to civic duties, public order and good morals, contrary to human rights principles, and the Constitution of the Kingdom of Thailand. It will also cause doctors to be worried and unable to perform smoothly, even if there is a law to have the duty to help until the patient is out of danger, but there is no law to prevent the doctor from being liable. Therefore, that should be amend the law in order to create clarity condition for refusal treatment in general cases. It will have been a medical standard in the form of laws that contain content about the practical rules of medical practitioners regarding patient’s refusal treatment. As such this will result in a smooth operation of the medical department and the effectiveness of public health work in the overall picture