Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES—TexAppCt: Hospital Patient’s Deceptive Practices Claim Subject to Healthcare Statute, (Mar 1, 2013)

By Jody Coultas, J.D.

A trial court erred in denying a hospital’s motion to dismiss a Texas Deceptive Trade Practices Act (DTPA) claim filed by a patient based on an allegedly unconscionable bill, according to a Texas appellate court (McAllen Hospitals, L.P. v. Gomez, February 28, 2013, Longoria, N.).

The patient was injured in an automobile collision and received treatment for his injuries over a year later at the hospital. The hospital’s agent filed a hospital lien against the patient for medical expenses. In his DTPA claim, the patient alleged that the hospital took advantage of his lack of knowledge by charging him an amount exceeding a reasonable and regular rate for the services rendered. The hospital filed a motion to dismiss based on the patient’s failure to file an expert report as required by the healthcare liability statute section 74.351 of the Texas Civil Practice and Remedies Code.

Because the patient’s DTPA claim met the requirements of a healthcare liability claim, the court held that the issue was subject to Chapter 74 and dismissed the DTPA claim.

To state a Chapter 74 healthcare liability claim, a physician or health care provider must be a defendant; the claim at issue must concern treatment, lack of treatment, or a departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care; and the defendant’s act or omission complained of must proximately cause the injury to the claimant.

The claim satisfied the first element of a healthcare liability claim because the hospital was a defendant. It satisfied the second element because hospital billing for healthcare services rendered is a professional or administrative service directly related to health care. Finally, the patient alleged an economic injury, in addition to mental anguish, directly related to the hospital’s actions. The patient’s claims satisfied each of the healthcare liability statute. Therefore, the trial court erred in denying the hospital’s motion to dismiss the DTPA claim.

The case is No. 13-12-00421-CV.

Attorneys: Douglas Turek (Turek DeVore, PC) for McAllen Hospitals, L.P. Jorge A. Green (The Green Law Firm PC) for Arturo Gomez.

Cases: StateUnfairTradePractices TexasNews