JONES V. HEALTHSOUTH TREASURE VALLEY HOSP.
206 P.3d 473 (2009)
NATURE OF THE CASE: Jones (P) appeals from the district court's award of summary judgment
in favor of Healthsouth (D).
FACTS: Jones began seeing Dr. Doerr to treat her back problems. Dr. Doerr recommended
lumbar spine surgery. Dr. Doerr elected to have Jones's blood 'salvaged' during surgery, a
process by which blood is collected from the patient intra-operatively and made available
for reinfusion into the patient's body using a cell saver machine. Dr. Doerr issued an order
for B & B Autotransfusion Services, Inc. to provide the cell saver machine and the cell
saver technician for the surgery. B & B performed all autotransfusion services for D
pursuant to an independent contractor agreement. D was responsible for providing B & B with
storage space for its cell saver machine as well as the autotransfusion supplies for
surgery, and B & B was responsible for providing the cell saver technician and all
disposable items related to autotranfusion. D paid B & B a flat fee for its services, and
then either billed the patient or the insurance company directly for the autotransfusion
services performed by B & B. D's consent forms did not indicate B & B's status as
independent contractors. The technicians were supplied with hospital scrubs that all members
of the surgical team were required to wear. Nothing distinguished them as independent
contractors. A Dr. Jenkins placed a 'pressure cuff' around the bag. The reinfusion bag
contained a written warning that applying a pressure cuff could lead to death. Others
noticed the cuff around the bag when they reentered the surgery room, but did nothing to
remove it. The pressure cuff eventually squeezed the air remaining in the bag into Mrs.
Jones's body, causing her to sustain a fatal air embolism. P was twenty-eight years old at
the time of her death. P sued Ds and the district court granted D's motion for summary
judgment as B&B was an independent contractor. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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