Wojewski v. Rapid City Hospital

1. Who were the parties involved in the case? (plaintiff/defendant/respondent/petitioner)

Paul Wojewski the Plaintiff

Sara Wojewski the appellant

Rapid City Regional Hospital the defendant

2. What were the facts in the case?

Wojewski, a cardiothoracic surgeon, became a member of the medical staff at Rapid City Regional Hospital (RCRH). Wojewski's staff status entitled him to admit patients, use the hospital's facilities, and perform surgery. Wojewski could also use nurses, to assist him in surgery. Wojewski leased separate office space and maintained his own staff, whom he hired and paid.

Medical staff membership required Dr. Wojewski to provide appropriate patient care, abide by medical staff by laws, prepare required medical records, abide by ethical principles, attend an orientation program, participate in continuing medical education, and schedule operating room time. Wojewski also agreed to take calls from the emergency room for heart-related emergencies.

Wojewski billed his patients directly, and the patients remitted payments directly to him. The hospital did not issue a form W-2 or 1099 to Dr. Wojewski and did not pay his social security taxes or provide benefits, such as health and malpractice insurance. When Wojewski had a dispute with the hospital, he argued that he was afforded protection as an employee.

3. What was the Rule of Law in the case? (Rule of law the court applies to determine the rights of the parties)

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4.Who won the case? Why?

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