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Read the Complaint Here

The plaintiff attorneys explained that pathologists are medical doctors responsible for doing in-hospital laboratory tests, such as biopsies, bloodwork, and urine analyses to diagnose illnesses and diseases.

"Pathologists are said to be the 'alpha and omega of medicine,'" Montoya said. "They are the beginning and the end of medicine, and without proper diagnosis of illness and disease, there can be no medical treatment."

In the complaint, attorneys said their clients serve the Memorial Healthcare System's hospitals and are not contracted with United. But when United's clients go to the emergency room or are admitted to hospitals and their doctors order biopsies and lab work, the pathologists do the testing without question or regard to whether the patient is insured.

"United refuses to pay for the pathologists' professional services, which are valuable and necessary medical care rendered to United's insureds," Montoya claimed.

Under Florida law, pathologists cannot bill patients for balances due.

Hurdles Ahead for Attorneys

Montoya believes the law is on his client's side.

"Over 15 years ago, we secured a major victory for Florida pathologists in the well-known case of Health Options, Inc. v. Palmetto Pathology Services P.A.," he said.

The attorneys are hoping for history to repeat itself this time around.

The Health Options case was tried to verdict and affirmed by the Third District Court of Appeal, allowing their clients to collect all billable charges for the pathologists in that case, plus interest.

"The … case established that professional component of pathology services rendered by hospital-based pathologists, like our client in this case, constitute 'physician care rendered to' patients, and compensation must be paid," Montoya said.

United will likely argue that the tests performed in the hospital lab are automated or that United pays the hospital for the work, Montoya speculated.

"United is simply wrong on the facts and based on Florida law [created] in the Health Options case," Montoya said. "It is un-American to work and not get paid, and wrong. The pathologists take the risk of providing their professional services to United's insureds and all patients in the emergency room or admitted to the hospital."

"If a pathology test is not performed properly the pathologist takes the risk in the form of having to take out liability insurance and potentially be sued for medical negligence," the attorney said.

The case will be litigated in the Miami-Dade Complex Business Litigation Division.

Plaintiff counsel, Milberg Coleman Bryson Phillips Grossman, was at the helm of a recent major victory, securing a $100 million verdict unrelated to this case.