I wanted to take a moment to write a note of thanks to the attorneys of Piedmont.
My wife had an ER visit and then later an outpatient procedure at the Fayette hospital in the last few months. It was during those visits I saw the following sign, in huge print, on both the east and west entrances to the hospital.
“Some of the healthcare professionals performing services at this facility are independent contractors and are not Piedmont Healthcare agents or employees. Independent contractors are responsible for their own actions, and Piedmont Healthcare shall not be liable for the acts or omissions of any such independent contractors.”
So if someone treating my wife messes up and hurts or even kills her, the hospital will not take responsibility for his or her actions IF said person is classified as an independent contractor? Wow. That’s strong magic – just a sign to remove responsibility.
I chuckled as the following questions played through my mind.
Might the hospital flag those independent contractors for me, say with different clothing? Maybe a yellow coat – like a caution signal – rather than a white one?
“Ah, I see you are wearing yellow. My wife IS in a great deal of pain right now, and I sure don’t want to hurt your feelings, but would you mind ever so much if I wait until someone else is available? I was hoping the person who treated my wife was someone in whom the hospital had confidence? Again, no offence. It’s just that, well, she’s my wife – soul mate, mother of our children – that sort of thing, you know.”
What about a similar sign where you get your oil changed?
Mechanic: “Ma’am, I’m going to need you to sign here so that in case one of our Independent Contractors forgets to put the plug back in your oil pan, and all your oil runs out, and your engine gets ruined, you understand that we are not responsible.”
Lady: “So not all of your mechanics and technicians are well qualified? One of the might actually do that?”
Mechanic: “Oh, yes, of course they’re all wonderful. But if certain of them – and we’re not telling you which ones – messes up your car, we as the business owners can’t be held responsible. You see, we merely provide them space to work in, our reputation, and cars to work on. It’s industry standard. I’m sure you understand, right?
How ’bout such a sign at your child’s daycare?
One of the criteria used to determine if the IRS accepts a worker’s classification as an independent contractor or employee is whether or not said worker supplies his or her own tools.
I was trying to think of a hospital employee who supplied her own equipment, materials, and tools. This scene played through upon the movie screen of my mind:
Surgeon: “Sutures! I need sutures!”
Surgical nurse: “Sorry, doctor, your personally supplied, mobile surgical kit is out of sutures.”
Surgeon: “Oh, drat! Could you please front me some from the hospital’s supply? You know, since we’re in the middle of surgery.”
Surgical nurse: “Now, doctor, in order for you to retain your classification as an independent contractor, you must supply your own tools and materials.”
Surgeon: “Alright, I’ll call my partner. She’s going by the house to get my golf shoes for after work today. I’ll ask her to pick up my spare surgical supply bag on the way.”
Surgical nurse: “BTW, you’re kinda low on hemostats, too.”
Surgeon: “OK, thanks. Would you hold this artery for me while I break scrub and get my cell?”
So I thank the Piedmont attorneys for all of the above chances for me to chuckle while Piedmont employees and – perhaps — Independent Contractors held the health of my Better Half in their hands.
A few questions for said lawyers.
If removing those workers treating patients at your facility from the responsibility of their actions is as easy as putting up a sign, why not merely classify all your works as independent contractors?
The IRS can come down hard on those who misclassify workers as independent contractors, rather than employees. Ask a small business owner who has made an honest mistake. And with Piedmont being such a money-maker, Uncle Sam has quite an incentive to insure strict compliance with the law, right?
Seriously, though, all laughs aside, please consider my idea of somehow letting us consumers know which of the folks treating us at your hospital you are unwilling to stand behind. Since many of us will arrive writhing in pain, and not thinking clearly, perhaps the aforementioned yellow jersey would make them immediately identifiable.
Eric Ferrell
Sharpsburg, Ga.