Hospitals and emergency medical service providers (“EMSPs”) are allowed a statutory lien to secure payment for certain of their services.
A hospital has a lien on a legal claim of a person who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. In a similar vein, an EMSP has a lien on a legal claim of an individual who receives emergency medical services (in a county with a population of 800,000 or less) for injuries caused by an accident that is attributed to the negligence of another person.
To secure the lien, the hospital or EMSP must (1) provide a particular notice to the injured individual; (2) file written notice of the lien with the county clerk of the county in which the services were provided before money is paid to an entitled person because of the injury.
For the lien(s) to attach, the individual must be admitted to a hospital, or receive the emergency medical services, not later than 72 hours after the accident. The liens do not attach to real estate owned by the injured individual.
In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.