When someone is injured and sues a third party for damages, a hospital lien may come into play. A California hospital lien is a legal claim that requires the defendant (the party being sued) to pay the hospital for medical services provided to the injured person. If the defendant settles the case without paying the hospital, they can still be held responsible for those medical costs.
California Hospital Lien Act
The California Legislature created the Hospital Lien Act to help hospitals recover costs for medical care given to patients who are pursuing claims against others. The lien can cover any emergency and ongoing medical care that the hospital provided. Even if there were gaps in treatment, the hospital might still be able to recover costs for all care provided.
It is essential to understand that the hospital lien applies only to money received from third parties, such as settlements or awards. It does not cover first-party claims, like underinsured motorist benefits.
Valid Notice Requirements
For a California hospital lien to be valid, the hospital must notify the defendant before any payment is made to the injured party. This notice must include:
- Name and address of the injured person
- Name and location of the hospital
- Date of the accident
- Amount claimed for medical care
- Names of individuals or companies who may be liable
Reasonable and Necessary Charges
In California, the amount a patient can recover for medical expenses is based on what the hospital actually accepted as payment, not necessarily what they billed. This means if a hospital accepted a lower payment, the injured party can only claim that amount plus any copayments.
Because of this, it is vital to examine the charges the hospital is asserting. Make sure they are reasonable and related to the treatment of injuries caused by the accident.
Why Hiring an Attorney is Important
Navigating California hospital liens and personal injury claims can be complex and challenging. Hiring an attorney like Fielding Law ensures that your rights are protected. An experienced attorney can help:
- Communicate with the hospital to negotiate lower lien amounts.
- Ensure proper notice and documentation are handled correctly.
- Challenge unreasonable or excessive charges from the hospital.
- Assess whether the client truly owes any debt to the hospital based on various factors like insurance coverage.
With a caring and empathetic approach, Fielding Law is committed to maximizing your recovery and simplifying the process for you. You deserve support during this challenging time, and having a knowledgeable attorney on your side can make all the difference.
If you need assistance, do not hesitate to reach out to Fielding Law at 833.88.SHARK for a free consultation.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
