Dr. Jones has been a physician with Hospital for 30 years and just turned 70. Until this year, her skills were sharp; but, early in the year, her nurses started noticing a decline - her hands have started shaking, she periodically forgets what she is doing and has fallen asleep during surgery. They have notified the department chair of their concerns but the department chair does not advise the Hospital CEO. If a patient dies while in Dr. Jones's care, what argument can they make against the hospital if Dr. Jones is an independent contractor physician? What if she is their employee?