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Coronial inquest concerning a person of Jehovah’s Witness faith | Our client’s story

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Coronial inquest concerning a person of Jehovah’s Witness faith

A recent inquest conducted by CHL – an inquest concerning a person of Jehovah’s Witness faith

In May 2023, we acted for the family of the late Heather Winchester at an inquest conducted at Lidcombe Coroners Court.

Mrs Winchester died at the John Hunter Hospital on September 27, 2019, of blood loss after complications from a hysterectomy that was performed two days prior at Maitland Hospital.

Having recently joined the Jehovah’s Witness faith, Mrs Winchester completed a series of directives about accepting different blood products through transfusion.

While in hospital, there was confusion amongst hospital staff as to whether Mrs Winchester had consented to having a blood transfusion and the existence of contradictory documents. A treating doctor claimed she was lucid and clear when she refused the transfusion, knowing she could die.

Other hospital staff tried to intervene but after discussion with the Jehovah’s Witness liaison committee and legal advice, the health service determined Mrs Winchester had refused a transfusion and could not be provided with one.

Church application for the inquest to not be held dismissed

The inquest was initially scheduled to take place on November 28, 2022, but two weeks prior, the church made an application for the hearing not to go ahead. It was argued that it was beyond the scope of the Coroner to look at matters of faith and such issues did not relate to the manner and cause of death.

In February, the Deputy State Coroner, Magistrate David O’Neil rejected the church’s application and the inquest commenced on May 8.

Coroner inquest at Lidcombe Coroners Court

Over five days the inquest examined a range of matters including:

  • the appropriateness and legitimacy of the Advanced Care Directive (ACD) Mrs Winchester had in place, which included refusing certain blood products
  • the impact of the ACD and apparent confusion surrounding different versions of the document on the treatment of Mrs Winchester by healthcare providers
  • whether the surgery ought to have been offered given the risks of the procedure and the ACD, and whether these risks were adequately explained to Mrs Winchester
  • whether the surgery was performed competently.

During the inquest, Magistrate O’Neil said the purpose of the inquest was not to attribute blame or fault. Rather he said it was look at issues surrounding the death and to see if anything could be put in place for the future to minimise the prospect of similar circumstances surrounding the passing of a loved one.

The family of Heather Winchester told us that they welcomed the opportunity to gain answers around the cause of death. As of the date of this publication, the Coroner has yet to deliver his findings.

Contact Catherine Henry Lawyers for help with a coronial inquest

Our expert health and medical lawyers have extensive experience in helping clients with advice and representation regarding coronial inquests. To find out how we can help, call 1800 874 949 or complete the contact form below.

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