Jones v. Healthsouth Treasure Valley Hospital
Idaho Supreme Court
147 Idaho 109, 206 P.3d 473 (2009)
- Written by Brian Meadors, JD
Facts
Lori Jones (plaintiff) had lumbar spine surgery at Healthsouth Treasure Valley Hospital (TVH) (defendant). The anesthesiologists for the surgery were from B&B Autotransfusion Services (B&B) and were not employees for the hospital; B&B was an independent contractor. The consent forms signed by Jones did not indicate that B&B was an independent contractor, and B&B personnel wore the same scrubs as hospital personnel. During the surgery, B&B’s anesthesiologists negligently squeezed on a pressure cuff, despite the cuff’s warnings to the contrary, and pushed air into Jones’s circulatory system. Jones died from an air embolism. Jones’s family sued on Jones’s behalf. TVH argued it was not vicariously liable for B&B’s negligence because B&B personnel were not employees. TVH also argued that a theory of apparent agency would not apply. The trial court agreed and dismissed TVH from the suit. Jones’s family appealed.
Rule of Law
Issue
Holding and Reasoning (Burdick, J.)
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