Merchandising Practices Violation Pled against Hospital
Statute allows hospital lien on patient’s recovery against third-party tortfeasor, but only to satisfy debt owed to hospital. Patient’s insurer extinguished that debt by performing its end of a contract, with hospital, to pay for services at discounted rate. Patient’s petition alleged that hospital turned away insurance coverage and filed lien on plaintiff’s recovery against third-party tortfeasor. Those allegations describe a violation of Missouri Merchandising Practices Act, tortious interference with contract, and unjust enrichment. Circuit court erred in granted judgment on the pleadings against patient.
Iretta Morgan vs. Saint Luke's Hospital of Kansas City, Missouri
Missouri Court of Appeals, Western District - WD75098
Source: The Missouri Bar