Medical, Hospital and Public Health Activities
Cal. GOV § 854.8
California Statutes
(
a) Notwithstanding any other provision of this part, except as provided in this
section and in Sections 814, 814.2, 855, and 855.2, a public entity is not liable for:
(1) An injury proximately caused by a patient of a mental institution.
(2) An injury to an inpatient of a mental institution. (
b) Nothing in this
section affects the liability of a public entity under
Article 1 (commencing with
Section 17000) of
Chapter of Division of the Vehicle Code. (
c) Except for an injury to an inpatient of a mental institution, nothing in this
section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under
Chapter 2 (commencing with
Section 830) of this part. (
d) Nothing in this
section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in
Article 4 (commencing with
Section 825) of
Chapter of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from
an act or omission in the scope of his employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.