Georgia Code
Chapter 2 - Imputable Negligence
§ 51-2-5.1. Relationship Between Hospital and Health Care Provider Prerequisite to Liability; Notice Regarding Independent Contractor Status; Factors for Consideration in Determining Status

Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.”
History. Code 1981, § 51-2-5.1 , enacted by Ga. L. 2005, p. 1, § 11/SB 3; Ga. L. 2008, p. 12, § 2-38/SB 433; Ga. L. 2009, p. 859, § 3/HB 509.
Editor’s notes.
Ga. L. 2005, p. 1/SB 3, § 1, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2005, p. 1, § 14/SB 3, not codified by the General Assembly, provides for severability.
Ga. L. 2005, p. 1, § 15(b)/SB 3, not codified by the General Assembly, provides that this Code section shall apply only with respect to causes of action arising on or after February 16, 2005, and any prior causes of action shall continue to be governed by prior law.
Law reviews.
For article on 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).
For article, “State of Emergency: Why Georgia’s Standard of Care in Emergency Rooms is Harmful to Your Health,” see 45 Ga. L. Rev. 275 (2010).
For annual survey on torts law, see 69 Mercer L. Rev. 299 (2017).

Structure Georgia Code