Bowdenv.The Medical Center (And Vice Versa)
An uninsured patient received treatment at The Medical Center after an automobile accident. The hospital billed its chargemaster rate and filed a hospital lien for that amount against any tort recovery. The patient and other class members alleged that the charges were unreasonable and that the lien practice supported fraud, negligent misrepresentation, and Georgia RICO claims. The Georgia Supreme Court held that the Court of Appeals erred in upholding class certification and in denying the hospital summary judgment on the common-law fraud and negligent-misrepresentation claims. Filing liens based on chargemaster rates, even if the rates were unreasonable, did not by itself establish the required fraudulent misrepresentation. The Supreme Court agreed that the hospital was entitled to summary judgment on the RICO claim. It therefore affirmed in part and reversed in part.
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