Reading the illustrated scenario, answer the following questions:

1. Why can Rosa sue Dr. Jones, the midwife, and the center?

2. What is the duty and breach of duty?

3. Use the IRAC method to analyze the case

You have been approached by Rosa Hernandez to handle a tort suit for damages for the death of her infant during delivery at the Hastings Birthing Center. Discovery reveals the following facts. The infant's death is attributable to the negligence of Dr. Jones, the physician who attended Ms. Hernandez at the Center during delivery. The death was caused in part by the infant's aspiration of meconium into the lungs. Although the Center is equipped to suction meconium and other material from a newborn's throat, it is not equipped to perform intubation or attach the infant to a ventilator. To intubate the by tracheal intubation the infant would require a transfer. Furthermore, even ifthe infant had been transferred, she/she would probably have suffered brain damage due to oxygen deprivation before the procedure could have been undertaken. Dr. Jones has a spotless record, but overthe two weeks preceding the incident he had appeared at the hospital smelling of alcohol and evidencing other signs of intoxication. Apparently, he was having marital problems at the time. Nurses at the hospital had reported this behavior to their supervisor and had watched the physician's work very carefully, calling his attention to details he missed. The nurse supervisor had reported the situation to the head of OB/GYN, who said he would \"look into it". Ms. Hernandez noticed the smell of liquor on Dr. Jones' breath during her labor, and was upset by his apparent intoxication. Last month, Dr. Jones dropped his malpractice insurance coverage, a fact of which the hospital is aware. Further discovery has revealed that the nurse-midwife had noticed the questionable nature of Dr. Jones' acts, but she had not intervened because she knew of his excellent reputation. She also knew that doctors were resentful of the independence of nurse-midwives at the Center, and she believed she could "compensate" for Dr. Jones' mistake during the delivery; however, by the time she realized the extent of Dr. Jones' intoxication and took over the delivery, it was too late. Your discovery reveals that there is a complicated relationship between the Birthing Center and the nearby Columbia Hospital. The hospital found that it needed to increase its patient census, and that neonatology was one of its most protable services. To better serve the community, Columbia established the Hastings Birthing Center last year. The hospital receives a percentage of the profits ofthe Center. The center is located in a former convent, one block from the hospital. The hospital owns the building and rents it to the center. This particular birthing center, according to its promotional literature, offers " both a home-like setting forthe delivery of your child, and the security of back-up physicians and hospital care." The Center is separately incorporated and has its own Board of Directors. As such, it is totally self-governing and is solely responsible for its own staff, provision of equipment, and policy. The phone listing in the Yellow Pages describes the Hospital as a "cooperating hospital that will provide hospital care for mother and child if needed." Columbia has a contract with the Center requiring the Center to establish a screening program that will exclude high-risk patients and requires doctors who are attending to patients at the center to have admitting privileges at Columbia hospital also allows the employees of the Center to participate in the hospital's group health and pension plans. When nurses from the hospital moonlight at the Center, they receive a separate paycheck from the Center. Although the Center's by-Iaws provide for a committee to review the qualications of physicians who attend at the Center, it has in fact relied upon the hospital's review of qualifications, since the hospital has a better opportunity to review credentials and performance. It is not clear, however, that the hospital is aware of this -- while it does notify the Center of the suspension, denial or revocation of privileges, it does not provide the Center with the information used in investigations