Wojewski, a cardiothoracic surgeon, became a member of the medical staff at Rapid City Regional Hospital. Wojewski’s staff status entitled him to admit patients, use the hospital’s facilities, a nd perform surgery.

Wojewski could also use nurses to assist him in surgery. Wojewski leased separate offi ce space and maintained his own staff whom he hired and paid. Medical staff membership required Wojewski to provide appropriate patient care, abide by medical staff bylaws, 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 Wojewski and did not pay his social security taxes or provide benefi ts, such as health and malpractice insurance. When Wojewski had a dispute with the hospital, he argued that he was afforded protection as an employee. Does Wojewski hold the legal status of an employee?

[ Wojewski v. Rapid City Regional Hospital, Inc. , 450 F.3d 338 (Fed. 8th Cir., 2006).]