Summary
concluding that when "usual and customary" is stated and a chargemaster sets forth the charges, there are no implied contractual obligations
Summary of this case from Nygaard v. Sioux Valley HospitalsOpinion
A06A0234.
DECIDED JUNE 6, 2006.
Breach of contract, etc. Dougherty Superior Court. Before Judge Harvey, Senior Judge.
Vroon Crongeyer, Bryan A. Vroon, John W. Crongeyer, Brown, Scoccimaro Weaver, Ralph O. Scoccimaro, for appellants.
Langley Lee, Carl R. Langley, McKenna, Long Aldridge, Phillip A. Bradley, Samantha M. Rein, for appellees.
Following the dismissal of their suit against Phoebe Putney Memorial Hospital, Inc. ("Phoebe Putney"), Bonnie Pitts, Sam Farkas, and Bobby Kendricks, Sr., appeal, contending that the trial court erred in dismissing their claims for (1) breach of contract, (2) violation of the Georgia Uniform Deceptive Trade Practices Act, (3) unjust enrichment, (4) breach of fiduciary duty, and (5) declaratory and injunctive relief. Appellants' claims stem from their allegation that Phoebe Putney, which operates a nonprofit hospital, charges uninsured patients more than it charges patients covered by insurance or Medicare or Medicaid. Upon a review of the record, we have determined that this case is not materially different from Cox v. Athens Regional Med. Center, in which we affirmed the dismissal of identical claims made by similar plaintiffs. Therefore, we affirm the dismissal here.
Cox v. Athens Regional Med. Center, 279 Ga. App. 586 ( 631 SE2d 792) (2006).
Judgment affirmed. Mikell and Adams, JJ., concur.