I have been blogging about the Marsala v. Yale New Haven Hospital lawsuit for some time. I have posted many key court filings here. Last week, the Connecticut Appellate Court heard oral arguments.
The appeal concerns whether, when this case proceeds to trial, the children of Helen Marsala can recover for negligent and intentional infliction of emotional distress (NIED and IIED). This is important, because these are the most successful legal claims in medical futility cases across the United States. Therefore, they are the most likely to succeed here.
The gravamen of the family’s complaint is in captured in these two excerpts from the reply brief. ”The [family] suffered severe emotional distress because the [hospital] ignored their unambiguous directions to keep the [patient] on life support, in accordance with her wishes, and failed to give them any chance to transfer her care.”
“The [family] transferred their mother to the [hospital] for her to get better and to remain alive. They knew she wanted to remain on life support. They expected the [hospital] to keep her on life support. They told the [hospital] to keep her on life support. The [hospital] disregarded everything the appellants said and killed their mother without providing them with any opportunity to see her or transfer her care.”
The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.