The employer required its employees to use its physicians in their hospital. One of the employees wanted to go to an outside physician known to the family, the employer refused the request. In the meantime the employee got sicker and sicker. Finally when the employee went to the company doctor the condition was diagnosed as terminal. The employee died and the family sued the employer. The grounds of the suit were that the employee could have been saved had they been allowed to go to another doctor of their choice. What is the outcome of the suit and why?