Friday, June 20, 2025

Hospital Wins Unilateral DNR Medical Futility Case

Medical malpractice cases rarely get to a jury. When they do, medical defendants usually win. A high-profile case in Wisconsin fits this pattern, aligning with the result in the similar famous Massachusetts case, Gilgunn v MGH.   

The family of Grace Schara sued a Wisconsin health system alleging that clinicians wrote a unilateral DNR order and administered medications without consent. This week, after a 13-day trial, a Wisconsin jury issued a defense verdict for Ascension. Clinicians testified that Grace's father consented to the DNR order. As in most cases, jurors found the clinicians more credible than the family.



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