Read the following excerpt from a US court opinion:
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the nurses’ actions, and because Dr. Berger did not provide that opinion, plaintiffs have failed to present any expert opinion on causation to support their survival claims against Tenet. ‘ This does not necessarily mean that the plaintiffs’ survival claims fail, however. Plaintiffs also alleged that Tenet was liable for Medrano’s death because Tenet was vicariously liable for the actions of Dr. Boone in prematurely pulling on the catheter and tearing her heart muscle. When a health care liability claim involves a vicarious liability theory, either alone or in combination with other theories, and there is an expert report sufficient to support that vicarious liability theory, the entire case may proceed. Certified EMS, Inc., 392 S.W.3d at 632; TTHR Ltd. Partnership, 401 S.W.3d at 44 . Thus, we proceed to address the adequacy of
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What is the most suitable continuation to the opinion? Your options are:
A. holding that expert reports were not required to mention the defendant hospital because reports were based upon the actions of hospital physicians
B. holding that expert report addressing hospitals conduct was not required when plaintiffs sole theory against hospital was vicarious liability based on ostensible agency and explaining that the conduct by the hospital on which the agency relationship depends is not measured by a medical standard of care these are principles of agency law on which no expert report is required
C. holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute
D. holding that because the trial court did not abuse its discretion in finding the expert report adequate as to the vicarious liability claim against the hospital based on the actions of the doctors plaintiffs suit against the hospital including her claim that the hospital was vicariously hable for the actions of its nurses could proceed
E. holding that where hospital used balance billing that since the hospital had already received payments from the patient and his health insurer and had agreed to accept that amount as payment in full for its services there was no longer any amount owing to the hospital and thus it could not assert a statutory hospital lien for the difference between its charges and the amount received in light of the negotiated network agreements
Reply with [A, B, C, D, E] only.