List three ways the hospital could help mitigate

News of your health law studies has circulated throughout your network (thanks, Mom) and brought advice-seekers out of the wood-work. Talk is cheap, lawyers aren’t, but your friends and family are. Your Cousin Herbert, a surprisingly-skilled surgeon, phones you up to seek a bit of free advice regarding the hospital’s “request” that he serve as an observer of new staff members (and those requesting new privileges) to confirm their competence to maintain the privileges they have been conditionally granted. His job is simple, observe a surgery, report back to the hospital. These are not doctors in training but rather fully licensed doctors who want to practice anew at the hospital or want to practice a new area of practice at the hospital with new privileges). Herbert wants to know what his exposure is and how he can avoid any “wallet-ectomy” (do you see a pattern here?) related to his service.
You explain to Herbert that, in the words of your esteemed professor, potential exposure to liability in the world of treatment is primarily negligence-based, and must be analyzed from two perspectives.
Explain each perspective in its own single sentence.
Herbert is concerned that if he doesn’t take over if he sees something he thinks is not appropriate care, he will be liable for any injuries the patient suffers.
Explain in one sentence what is missing for Herbert to be liable for his own failure to intervene in the patient’s care.
Explain in one sentence what is missing for Herbert to be liable for the actions or inactions of the surgeon he is supposed to observe on behalf of the hospital.
Herbert asks whether he would be in a better position if he does intervene.
Explain in one sentence what changes with regard to negligence liability if he does intervene.
Explain to Herbert in one sentence what, beyond negligence, some patients have sued “intervening” doctors for when the doctor they engaged didn’t do the job.
News of Herbert’s concerns has circulated through the hospital C-suite, as well.
In one sentence for each “perspective”, explain how the hospital might be liable whether or not Herbert intervenes.
In one sentence, explain how potential liability changes for the hospital if Herbert intervenes (and the “perspective(s?)” implicated).
Prevention is the best medicine and the best law.
List three ways the hospital could help mitigate its concerns and Herbert’s regarding the appropriate conduct in this situation and manage the risks of liability.