Q: California HSC on hospital Civil liability for Independent consultants. Statute

A: The California Health and Safety Code addresses hospital liability for independent consultants in Section 1799.110. Here is a summary of the key points:

1. Hospitals are generally not liable for negligent acts of independent contractors, including physicians and surgeons who are not employees of the hospital. This applies as long as the hospital does not retain control over the manner in which the independent contractors perform their professional duties.

2. Before a hospital can avoid liability for an independent contractor's negligence, it must provide written notice to the patient (or their representative) that the contractor is not an agent or employee of the hospital.

3. The notice must be provided as soon as practicable after the patient is first examined in the hospital by a physician who is not employed by the hospital.

4. The notice must include language substantially similar to the following: "All physicians and surgeons providing services to the patient, including the radiologist, pathologist, emergency physician, and anesthesiologist, are independent contractors and are not employees or agents of the hospital."

5. Exceptions apply in emergency room settings. Hospitals are liable for negligent acts of independent contractors providing emergency medical services within the hospital unless the hospital meets specific notice requirements.

It's important to note that this is a general overview, and there may be additional nuances or exceptions depending on the specific circumstances of a case. For precise legal advice, it's always best to consult with a qualified attorney familiar with California law.