Dr. Killpatient is a surgical specialist with his own medical practice. He also has privileges at the Sisters of Darkness Memorial Hospital. Privileges are not an employment of the doctor by the hospital - rather, they merely allow the doctor to admit his patients into the hospital for the mutual benefit of the doctor, the hospital, and hopefully the patient. Killpatient, a doctor hired with a good reputation for medical care, is in sole control of the details of his practice, the hospital having little or no say on how he treats his patients during their admission there. While at the hospital, Killpatient commits an act of clear negligent medical malpractice towards on of his admitted patients. Which best describes the hospital's exposure to liability for Killpatient's actions?

1. The hospital is liable because Killpatient is probably a servant and the act was performed within scope of employment
2. The hospital is liable for direct negligence
3. The hospital will be liable for Killaptient's actions only if they were intentional
4. The hospital is not liable because Killpatient is probably an independent contractor