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

A: In any state, there are too many laws to list, from civil procedure codes, public health laws, insurance laws, and general negligence doctrines. One way to identify the applicable ones in this matter could be to try to arrange a free initial consult with attorneys. Good luck

A: In California, hospital liability for general torts, including those arising from the actions of service providers and miscommunication leading to improper patient referrals, is governed by a combination of state statutes, case law, and federal regulations.

At the state level, the California Civil Code and Health and Safety Code provide the legal framework for negligence and medical malpractice claims. Specifically, hospitals can be held liable under the theory of "vicarious liability" for the negligent acts of their employees under the principle of respondeat superior. However, when dealing with independent contractors, the liability is less clear-cut and often depends on the degree of control the hospital has over the contractor's work.

California case law also contributes to defining hospital liability. Courts have considered various factors, including the nature of the relationship between the hospital and the service provider, and the expectations of the patient in determining liability.

On the federal level, if the patient's health coverage includes Medicare, the Centers for Medicare & Medicaid Services (CMS) regulations come into play. These regulations mandate certain standards of care and patient rights, which, if violated, can contribute to a hospital's liability.

In cases involving improper referrals upon discharge, you might also consider examining whether there was a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires appropriate medical screening and stabilizing treatment or appropriate transfer.

Given the complexity of these cases and the nuances of both state and federal law, it's advisable to seek legal counsel experienced in medical malpractice and hospital liability. They can help navigate the specific legal aspects of your case and determine the best course of action.