516. Duty of Hospital to Screen Medical Staff
A hospital is negligent if it does not use reasonable care to select and periodically evaluate its medical staff so that its patients are provided adequate medical care.
Directions for Use
Always read CACI No. 514, Duty of Hospital, in conjunction with this instruction.
Sources and Authority
"[W]e hold a hospital is accountable for negligently screening the competency of its medical staff to insure the adequacy of medical care rendered to patients at its facility." (Elam v. College Park Hospital (1982) 132 Cal.App.3d 332, 346 [184 Cal.Rptr. 92].)
A hospital has a professional responsibility to ensure the competence of its medical staff through careful selection and periodic review. (Bell v. Sharp Cabrillo Hospital (1989) 212 Cal.App.3d 1034, 1050 [260 Cal.Rptr. 886].)
"The hospital has 'a direct and independent responsibility to its patients of insuring the competency of its medical staff and the quality of medical care provided. . . .' [Citation.] Hospitals must be able to establish high standards of professional work and to maintain those standards through careful selection and review of staff. And they are required to do so by both state and federal law. [Citations.]" (Rhee v. El Camino Hospital Dist. (1988) 201 Cal.App.3d 477, 489 [247 Cal.Rptr. 244].)
Secondary Sources
6 Witkin, Summary of California Law (9th ed. 1988) Torts, §§ 801-803, pp. 153-155
3 Levy et al., California Torts, Ch. 31, Liability of Physicians and Other Medical Practitioners, § 31.81 (Matthew Bender)
California Tort Guide (Cont.Ed.Bar 1996) §§ 9.55-9.62
25 California Forms of Pleading and Practice, Ch. 295, Hospitals, § 295.13 (Matthew Bender)
17 California Points and Authorities, Ch. 175, Physicians and Surgeons (Matthew Bender)
(New September 2003)