Hapless Hospital is concerned about fulfilling its obligations under JCAHO to adequately evaluate applicants for Medical Staff Privileges.Dr. Goody, a board certified surgeon, was appointed by the hospital's credentials committee to be a proctor for (observe) a surgeon who had applied for staff privileges.In accordance with the hospital bylaws, Dr. Goody was asked to observe ten (10) surgeries performed by the applicant and then submit a written report to the credentials committee.The patient in one of those surgeries sued the surgeon and Dr. Goody claiming that the surgeon committed malpractice and Dr. Goody failed to intervene.

Assuming that an act that constituted a breach of the standard of care did occur and cause injury to the patient during the surgery in question, as presiding judge, how would you find regarding the two defendants?Please give the rationale for your decision.