General Anesthesia Specialists Partnership Medical Group v. Per-Se Technologies, Inc.

MEMORANDUM **

General Anesthesia Specialists Partnership Medical Group (“GASP”) appeals from the district court’s grant of summary judgment in GASP’s lawsuit against Defendants (collectively “Per-Se”) for damages caused as a result of medical billing errors. GASP claims that the district court erred by (1) applying an incorrect causation test, (2) improperly excluding some of GASP’s evidence, and (3) concluding that GASP did not raise a genuine issue of material fact concerning causation. We review de novo the district court’s decision to grant summary judgment. See Shalit v. Coppe, 182 F.3d 1124, 1126-27 (9th Cir.1999).

We reverse the district court’s decision because we conclude that GASP raised genuine issues of material fact concerning the issue of causation. Having determined that reversal is necessary on this issue, we need not address whether the district court applied the correct causation test or whether the district court properly excluded some of GASP’s evidence.

The district court erred in granting summary judgment in favor of Per-Se because GASP raised genuine issues of material fact as to whether Per-Se was a substantial factor in causing GASP’s damages. See…