Patients Lose Class Action Over Allegedly Excessive Medical Fees

March 23, 2021, 6:17 PM

A proposed class action can’t proceed claiming contract medical providers at a New Mexico hospital negligently charged patients exorbitant fees for their services, because the providers had no state-law duty to charge lower fees, the Tenth Circuit said Tuesday.

The patients were treated at Mountain View Regional Medical Center by doctors employed by Affilion LLC, EmCare Inc. and Envision Healthcare Holdings Inc. They sued for negligence and breach of contract, alleging they’d been charged too much for the doctors’ services.

To state a claim for negligence, the patients had to show the doctors owed them a duty, which they later...

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