Mr$.$ Cornejo, age $45,$ was a self$-$employed consultant. When he moved to Lenoir, NC in $2021,$ he purchased health coverage for himself and his family from an Managed Care Organization $($MCO$)$ known as the Lenoir Family Health Plan $($the Plan$).$The Plan provides physician services to its enrollees through a network of independent physicians in private practice. Each of those participating physicians has entered into a written agreement with the Plan. The standard agreement explicitly provides that the physicians are not employees or agents of the Plan. The Plan does not provide copies of its participating physician agreements to the patients who are enrolled in the Plan.However, at the time that he enrolled, the Plan did send Cornejo a $187-$page brochure. On page $154,$ the brochure from the Plan contained the following language: We are very happy that you have chosen the Plan to meet all of your health care needs. To obtain services under the Plan, you will need to select a primary care physician $($PCP$)$ from the enclosed list of the Plans participating physicians. Please note that these participating physicians are not employees or agents of the Plan.Cornejo did not know any doctors in the area, but he selected Dr$.$ Susan Green as his PCP because she was on the list provided to him by the Plan. Dr$.$ Green is a solo practitioner in private practice, and she leases a beautiful office space for her practice in a shopping center in the suburbs of Lenoir.On July $15,2022,$ Cornejo began experiencing dizzy spells. He called Dr$.$ Greens office and made an appointment to see her the next day. On July $16,2022,$ Dr$.$ Green examined Cornejo in her office and made a diagnosis of Munchausen syndrome $.$ The standard treatment for that medical condition is to prescribe one tablet of Valium $(40$ milligrams$)$ once a day for three weeks. In her discussion with Cornejo, Dr$.$ Green explained the risks and benefits of Valium as well as the alternative forms of treatment, and Cornejo consented to take the Valium as recommended by Dr$.$ Green.Dr$.$ Green had a large supply of Valium in her office, because a sales representative for a pharmaceutical company had given her several boxes as free samples. Rather than waste time and money by sending Cornejo to a pharmacy, Dr$.$ Green simply gave Cornejo one of the sample boxes of Valium.The dosage information from the manufacturer stated that the appropriate dose of Valium was one tablet $(40$ milligrams$),$ once a day for three weeks. However, Dr$.$ Green misread the dosage information and instructed Cornejo, both orally and in writing, to take ten tablets of Valium $(40$ milligrams each$)$ once a day for three weeks. Cornejo did precisely as he was instructed by Dr$.$ Green. At the end of the second week of taking the Valium as instructed, Cornejo had a sudden heart attack and died while driving to Boone, NC$.$As the personal representative of his estate, Cornejos wife Ashley filed a lawsuit in state court against Dr$.$ Green and the Plan. According to the allegations set forth in the complaint, Dr$.$ Green was negligent in her treatment of Cornejo by prescribing the wrong dosage of Valium. In addition, the complaint alleged that Dr$.$ Green had failed to obtain his informed consent to the Valium treatment. Although Dr$.$ Green had informed Cornejo about some of the risks of taking Valium, she failed to inform him of the risk that she might prescribe the incorrect dosage and thereby cause his death. According to the complaint, if Dr$.$ Green had properly advised Cornejo of the risk of prescribing an incorrect dosage of Valium, he would not have consented to take that medication, and he would still be alive today.With regard to the Plan, the plaintiff alleged that it should be held liable for Dr$.$ Greens negligence. In addition, the plaintiff claims that the Plan should be held liable for its own negligence in this case.Instructions:$1)$ Please analyze each of the claims made by the plaintiff against Dr$.$ Green and the Plan. Be sure to discuss all of the elements of each claim as well as your estimate of the likelihood of success on each claim. If you think you need any additional facts, state the facts that you think are needed, and explain how those facts would affect your analysis.