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What is a Hospital Lien?

Apr 24

Written by:
4/24/2014 4:16 PM  RssIcon

What is a Hospital Lien and How Does it affect your Personal Injury Case?

Many people go to the emergency room after a car accident and do not have health insurance.  Then the hospital finds out they were injured as a result of a car accident.  The hospital, or a law firm for the hospital, then sends a certified letter informing them that the hospital intends to file a hospital lien.

If you received one of these letters, you may be wondering what a hospital lien is.

A hospital lien is a type of lien that attaches to a recovery or settlement of a personal injury case, meaning it will have to be paid for from the patient’s personal injury settlement or verdict.  Other medical providers that can use this lien include nursing homes, physicians’ practices, and providers of traumatic burn care.  The lien is not against you personally but against your cause of action.

Hospital liens are codified in O.C.G.A. § 44-14-470 - O.C.G.A. § 44-14-474.  

In order to perfect a lien, the medical provider must provide written notice to the patient by certified mail or statutory overnight delivery, return receipt requested. This notice has to be sent at a minimum of fifteen days before completing the second prong for perfecting this type of lien.  The second prong for perfecting this lien is that the medical provider must also file a verified statement in the clerk’s office of the superior court in which the medical provider is located and in the county where the patient resides.  

If you have received a hospital lien notice from a hospital or law firm and have questions about your legal rights, please call us today for a free consultation.  I, Attorney John Hurst, represent good people all the time who have gone to the emergency room for treatment after a car accident, do not have health insurance, and a hospital lien was filed.  I routinely negotiate with law firms hired by hospitals and other companies to get the amount of the hospital lien reduced in order to maximize the amount of money my clients receive from a personal injury settlement or verdict. 

 

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The Law Offices of John W. Hurst, P.C. represents clients in the metro Atlanta area, including Smyrna, Vinings, Marietta, Mableton, Kennesaw,Douglasville, Cobb County, Villa Rica, Paulding County, Alpharetta, Fairburn,  Sandy Springs, Fulton County, Roswell, Decatur, DeKalb County, Lithonia, Druid Hills, Dunwoody, Tucker, Duluth, Acworth, Fayetteville, Lawrenceville, Norcross, Chamblee, Snellville, Woodstock, Gainesville, Morrow, Carrollton, College Park, Peachtree City, Riverdale, Newnan, Conyers, Covington, Canton, Milton, John's Creek, Stockbridge, McDonough, Buford, Cumming, Athens, and other cities and counties throughout the State of Georgia.