1. Jehovah's witnesses" or "Christian Scientists" cases, where patients who refused to receive a blood transfusion following a negligently performed operation died as a result. Suites brought for wrongful death following such tragic event were sometimes rejected, but in other cases courts have refused to define patients' refusal as a failure to mitigate. The contradicting views are reflected in the majority and the dissenting opinions rendered in Wilcut v. Innovativ Warehousing, 247 S.W.3d 1 (Mo. Ct. App. 2008). Note, Medical Care, Freedom of Religion and Mitigation of Damages, 87 YALE L;J,1978
2. Publisher’s Note
3. App. 1997) (failure to stop obsessive consumption of food not a failure to mitigate);State 690 So. 2d 203,1991