A man accusing Crestview Hospital Corp. of overcharging himself and others couldn’t convince a Florida appeals court to reverse the dismissal of the case.
The First District Court of Appeal for the State of Florida affirmed the dismissal of George Washington MacNeil’s proposed class action against Crestview. He alleged the hospital violated Florida’s Personal Injury Protection (PIP) statute, but the Circuit Court of Okaloosa County disagreed and tossed the case.
Now, a three-judge appeals panel led by Chief Justice Stephanie Williams Ray has affirmed.
MacNeil’s main argument on appeal was that the PIP policy did not include a private cause of action. He requested a declaration that determined if the hospital overcharged.
Justice Ray wrote that MacNeil failed to use previous precedents to back his case.
“MacNeil asserted no other cause of action below that would show that a justiciable controversy exists on which to predicate a declaratory judgment claim. He never alleged that he was in doubt about his rights under any contract or that another cause of action depended upon a determination of the reasonableness of the charges under the PIP statute," Justice Ray wrote in the opinion.
Justice Harvey Jay specially concurred, pointing out that MacNeil didn’t challenge that he was owed a new pleading, but instead stayed focus on the dismissal of his original complaint.
“MacNeil’s appellate papers are devoid of any argument that he was entitled to amend his complaint,” Jay wrote.
MacNeil said in his lawsuit that he was rushed to the hospital’s emergency room after a car accident. He said he had PIP coverage that would give $10,000 to cover disability and medical benefits. He said he got an invoice of $41,484 for four CT scans, plus charges for different treatments. MacNeil argued that the CT scan charges were irrational and filed a class action against the hospital. The lower court dismissed the case, and the appeals court affirmed.