Opinion

Prentiss Baker and Sheryl Wiginton, Individually and on Behalf of All Others Similarly Situated v. Phc-Minden, L.P. D/B/A Minden Medical Center

  • 167 So. 3d 528
  • 2015 La. LEXIS 699
Court
Supreme Court of Louisiana
Filed
May 5, 2015
Status
Published
Author
Guidry
On the bench
Guidry
Cited by
41 cases
Authority
More cited than 11.6%

The opinion

GUIDRY, Justice,

additionally concurs and assigns reasons.

hi additionally concur in the majority’s holding that the class action is the superior *545 procedural method for resolving the legal issue presented in this case, and that the plaintiffs satisfied the requirements of La. Code Civ. Proc. art. 591. As the majority properly notes, class action certification is a purely procedural issue, and does not impinge upon the merits of the underlying litigation. Ante, pp. 541-42. Notwithstanding my agreement with the resolution of the procedural issue in the case before us, I adhere to my view that Anderson v. Ochsner Health Sys., 13-2970 (La.7/1/14), — So.3d -, 2014 WL 2937101 , was wrongly decided. The medical lien alone does not create a private right of action in favor of the insured against the health care provider under the “Balance Billing Act,” La. Rev. Stats. 22:1871 et seq., which clearly sets forth the exclusive remedies for a violation thereof. Anderson , — So.3d at -, 2014 WL 2937101 at *8-*9 (Guidry, J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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