Murray v. UNMC Physicians

Mary Murray's physician, Dr. Thompson, prepared to treat her chronic pulmonary hypertension with continuous, extremely expensive Flolan therapy pending insurance approval and test results, but Mary died before treatment began; her husband Robert (plaintiff) sued UNMC Physicians (UNMC) (defendant) for negligently failing to administer the therapy sooner. At trial, UNMC's expert testified that ensuring a stable payment source before beginning a treatment that is life-threatening to interrupt is itself part of the standard of care, and the jury found for UNMC; the trial court granted Robert's motion for a new trial, reasoning as a matter of law that a standard of care cannot be tied to insurance or payment concerns, and UNMC appealed.