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Torts Keyed to Epstein
Murray v. UNMC Physicians
Citation:806 N.W.2d 118 (Neb. 2011)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The decedent, Mary Murray, suffered from pulmonary arterial hypertension, which can ultimately lead to heart failure. Flolan vasodilator can extend life if administered 24 hours a day and costs about $100,000 per year. Mary’s doctor wrote the order for Flolan, pending insurance approval, but Mary died of cardiac arrest before the approval came through. Mary had not started the treatment due to fears of the potentially deadly consequences of interrupting treatment at a later date. Medical experts could not agree on what caused the heart failure and thus if earlier use of Flolan would have prevented it.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.