The plaintiff, a Jehovah’s Witness, was injured in an automobile accident and was taken to the hospital, where it was determined that she would die without an operation. The operation required blood transfusions. A tenet of the Jehovah’s Witness faith forbids blood transfusions. The plaintiff was accompanied by her mother. The plaintiff was in shock, and evidence was presented that she was incoherent. Her mother signed a release of the hospital for all liability, but the hospital went to the court for the appointment of a guardian who would consent to the transfusions. A guardian was appointed, and the operation, with transfusions, was successfully performed. Does a state have the right to authorize the use of force to prevent an individual’s death?
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