Q: In California what state and federal statutes and regulations define hospital's general liability for harm in such case?

A: There are many laws, and it can depend on the nature of harm sustained. These include substantive and procedural laws on the federal and state level, including federal civil procedure codes, state civil procedure codes, public health laws, general legal doctrines that arise in negligence law, among others. Discussing with an attorney in detail could help in identifying applicable laws with greater specificity. Good luck

A: In California, the general liability of hospitals for harm caused by integrated actions of service providers, including independent contractors, and miscommunication, such as improper referrals upon discharge, is governed by various state and federal statutes and regulations.

At the state level, the California Civil Code outlines principles of negligence that can apply to hospitals. Under these principles, a hospital could be held liable if it failed to exercise reasonable care in the oversight and coordination of its staff and contractors, leading to patient harm.

The California Health and Safety Code also sets forth specific standards for hospital operations, including patient safety and care protocols. Non-compliance with these standards can be a basis for liability.

Regarding independent contractors, California law generally holds entities less liable for the actions of independent contractors compared to employees. However, liability may still arise if the hospital had a degree of control over the contractor's work relevant to the harm caused.

On the federal level, regulations by the Centers for Medicare & Medicaid Services (CMS) may apply, especially regarding patient discharge planning and the quality of care. CMS has established conditions of participation for hospitals receiving Medicare and Medicaid funding, which include requirements for patient care and discharge planning.

It's crucial to closely examine the specific circumstances of the case, including the nature of the relationship between the hospital and its service providers and the details of the miscommunication. Given the complexities involved, seeking legal assistance from an attorney experienced in medical malpractice and hospital liability law is advisable to navigate these issues effectively.