Wellstar Health Systems, Inc. et al. v. Alfaro

Court vacates denial of hospital's motion to dismiss patient's claims where patient alleged that hospital lien was improperly based on chargemaster rates

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Pipkin, Judge. Appellant WellStar Health Systems, Inc. et al. (“WellStar”) appeals the denial of its motion to dismiss and its motion to strike complaint. For the reasons set forth below, we vacate the judgment of the trial court and remand for further proceedings. Appellee Jose Alfaro received medical treatment at WellStar after being involved in automobile collision; Alfaro did not have medical insurance at the time that he was treated, and his hospital bills went unpaid. WellStar subsequently filed a hospital lien pursuant to OCGA § 44-14-470 et seq. In response, Alfaro filed a complaint seeking declaratory and injunctive relief , alleging a breach of implied-in-fact contract and breach of fiduciary duties , asking for an accounting , and seeking attorney fees and litigation expenses. WellStar then moved the trial court to dismiss the action pursuant to OCGA § 9-11-12 (b) (6) and moved to strike the complaint pursuant to OCGA § 9-11-11.1. The trial court denied both motions, relying on then-binding authority, including Clouthier v. Med. Center of Central Ga, Inc. 351 Ga. App. 883 (833 SE2d 584) (2019), and Aguila v. Kennestone Hosp., 353 Ga. App. 17 (836 SE2d 179) (2019). Just days after the trial court entered its orders, our Supreme Court overruled Clouthier and Aguila in Bowden v. Med. Ctr., 309 Ga. 188 (2) (845 SE2d) (2020).^{^[1]} In light of the trial court’s reliance on these now-overruled decisions to decide both motions,^{^[2]} we vacate the trial court’s orders and remand for reconsideration in light of Bowden.^{^[3]} Judgment vacated and case remanded. Miller, P. J., and Hodges, J., concur.

Wellstar Health Systems, Inc. et al. v. Alfaro

Court vacates denial of hospital's motion to dismiss patient's claims where patient alleged that hospital lien was improperly based on chargemaster rates

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