A Medicare patient was seen in the hospital emergency room with a chief complaint of dizziness and headaches of four days duration and was admitted toHaplessHospitalunder the care of an attending physician who requested a neurological consultation.A tentative preliminary diagnosis of viral encephalitis was made and treatment was begun accordingly.Special spinal fluid studies for fungal, bacteriological and viral tests in specialized laboratories outside the hospital were recommended.

Despite the recommendation of the neurologist and the attending physician, these diagnostic laboratory tests were overruled by the hospital pathologist, who regulated laboratory studies for out-of-hospital tests, on the grounds that they constituted an unnecessary expense inconsistent with the hospital's cost-containment policy instituted pursuant to the DRG and capitated reimbursement systems.

The patient died of viral encephalitis without ever having had the viral, bacteriological or fungal studies.

What is the potential liability of:

A.the attending physician?

B.the neurologist?

C.the pathologist?