Can an independent contractor be found liable for negligence in a medical malpractice case?

Bowman v. Wyatt (2010) 186 Cal.App.4th 286, 298, fn. 7, 111 Cal.Rptr.3d 787 [instruction erroneous because it did not list all factors distinguishing employee from independent contractor; no forfeiture because " "the instruction [was] prejudicially erroneous as given, that is[ ] ... an incorrect statement of the law" "].) Here, the instructions on negligence were erroneous because they did not list the required elements of retained control over safety conditions, or that the defendant affirmatively contributed to the injury.