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DOE v. HCA HEALTH SERVICES OF TENNESSEE

46 S.W.3d 191 (2001)

Jane DOE, et al. v. HCA HEALTH SERVICES OF TENNESSEE, INC., d/b/a HCA Donelson Hospital.

Supreme Court of Tennessee, at Nashville.

May 24, 2001.

Attorney(s) appearing for the Case

H. Lee Barfield, II; James O. Bass, Jr.; Robert E. Cooper, Jr.; Matthew M. Curley; and Lyle Reid, Nashville, TN, for the appellant, HCA Health Services of Tennessee, Inc.

G. Gordon Bonnyman, Jr.; John A. Day; and Kathryn Barnett, Nashville, TN; and Ralph I. Knowles, Atlanta, GA, for the appellees, Jane Doe and John Doe.

William B. Hubbard, Nashville, TN, for the Amici Curiae, THA—An Association of Hospitals and Health Systems—and Adventist Health System Sunbelt Healthcare Corporation.

W. Ovid Collins, Jr. and Blakeley D. Matthews, Nashville, TN, for the Amicus Curiae, Tennessee Association of Business.

OPINION

E. RILEY ANDERSON, C.J., delivered the opinion of the court, in which ADOLPHO A. BIRCH, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

We granted this appeal in order to determine whether a hospital's form contract in which the patient agrees to pay the "charges" not covered by insurance is sufficiently definite to constitute a valid contract. The trial court held that the word "charges" was sufficiently definite because the amount of the...

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