Dr. Andrew has had to admit privileges at Hapless Hospital for the past six years. Hapless is incorporated as a not-for-profit corporation. Its by-laws provide that the board members must include the city health commissioner, the mayor or his/her delegate, and one city council member. The city has a contract with Hapless in which Hapless agrees to provide care for indigent patients of the city. Payments to Hapless under this contract make up 30% of the Hospitals revenue.

Dr. Andrew has a harsh personality and is considered an extremist among the physicians at Hapless. Although Dr. Andrews' relationships at the hospital have never been entirely cordial, there have been no serious issues until recently when he began to expand his practice by employing a nurse practitioner and a physician's assistant (PA). Dr. Cuss is very vocal about the hostility he recognizes on the part of the staff at the hospital toward his new employees. He has spoken to the administrator and told him that he would sue the hospital if the administrator, the medical staff, or hospital employees interfered with his practice.

The administrator and president of the medical staff last month received letters from several doctors on the staff report that the nurse practitioner employed by Dr. Andrew made house calls on patients and that the PA prescribed medications. They also stated that his supervision of the PA was inappropriate.

Dr. Andrew has filed a lawsuit against the hospital. What is the basis of his cause of action? What theories of liability will he include? Will he be Succeed? Why or why not?