Big City Hospital has opened a satellite birthing facility in Little Town,

a small town about 150 miles from Big City hospital. The birthing center

has two nurses, two nurses midwifes and one Ob/Gyn, Md. The hospital

has advertised to the residents of Little Town that the new facility is

nothing more than an extension of Big City hospital as there will be

constant communication for all medical concerns, including the 24-hour

availability of helicopter transport. On December 20, Rosa enters the

facility to give birth to her daughter. On duty are Nurse Jane, Nurse

Midwife Alice and Dr. Shell. Over the last several months both Nurse

Jane and Nurse Midwife Alice have been very concerned about Dr.

Shell. They both have worked with him for 5 years and noticed recently

his hands were shaking and he had an alcohol smell on his breath all

the time. As Nurse Jane and Midwife Alice readied Rosa for delivery the

baby breached and they knew the delivery would require a "C" section

and called for Dr. Shell. Dr. Shell arrived and both the Nurse and

Midwife smelled alcohol on his breath. During the incision to perform

the "C" section Dr. Shell was shaking and the scalpel hit an Artery on

Rosa and cut the baby. Nurse midwife yelled, I knew one day his

drinking would result in a major issue. Bleeding could not be

controlled. When the artery was first cut, Nurse Jane knew Dr. Shell

was in trouble and called Big City hospital for the helicopter to

transport. (if they had done that both could have been saved by timely

transfusions). Both the on duty pilots and backup pilots could not be

located and no helicopter was dispatched. As a result, neither Dr. Shell,

the Nurse midwife or the Nurse could stop the bleeding and both Rosa

and the baby died. The family of Rosa comes to your law firm and

wants to know if they have any action for the death of both against:

Nurse Jane

Nurse Midwife

Dr. Shell

Big City Hospital

Furthermore, should Dr. Shell be concerned about any criminal action

that might be taken by Little Town's District Attorney?