Medical Futility Jury Trial Begins against Hospital that Stopped Life Support without Consent

It is rare for any medical malpractice case to reach a jury. Most are settled or dismissed at earlier stages of litigation.  It is even rarer for a medical futility case to reach a jury. But that is happening this month in Milford, Connecticut (Marsala v. Yale-New Haven Hospital, No. AAN-CV12-6010861-S).


Judging by the pretrial motions in limine (to keep evidence from the jury), this could be very interesting.  

  • Motion to Preclude Evidence and Argument re Alleged Financial Incentive Concerning Care 
  • Motion re: DNR Patient Transfer Regulation 
  • Motion to Preclude Evidence or Argument re Punitive Damages or Attorneys’ Fees 
  • Motion to Preclude Reference to Murder, Euthanasia, and Killing 
  • Motion re Defendant’s Financial Incentive to Remove Life Support

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