Thursday, September 29, 2005

S.C. Court of Appeals issues important med mal opinion

In Wogan v. Kunze, the court of appeals held there is no private right of action against a physician for failing to properly file a Medicare claim pursuant to 42 U.S.C.A. section 1395w-4(g)(4).

The court also affirmed that under the SCUTPA, a claim may not be brought in a representative capacity.

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