Jones v. Healthsouth Treasure Valley Hosp.

206 P.3d 473 (2009)

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Nature of the Case

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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.