65-406. Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000.
65-406
65-406. Liens upon personal injury damages recovered by patients;exception; enforcement of claimed lien in excess of $5,000.(a) Every hospital, whichfurnishes emergency,medical or other service to any patient injured by reason of an accidentnot covered by the workers compensation act, ifsuch injured party asserts or maintains a claim against anotherfor damages on account ofsuch injuries, shall have a lienupon that part going or belonging to such patient of any recovery or sumhad or collected or to be collected by such patient, or by suchpatient's heirs,personal representatives or next of kin in the case of suchpatient's death, whetherby judgment or by settlement or compromise.
(b) Such lien shall be to the amount of the reasonableand necessary charges of such hospital for the treatment, care andmaintenance of such patient in such hospital up to the date of payment ofsuch damages. Such lien shall notin any wayprejudice or interfere with any lien or contract which may be made by suchpatient or such patient's heirs or personal representatives withany attorney orattorneys for handling the claim on behalf of such patient or suchpatient's heirs orpersonal representatives. Such lien shall not be applied or considered validagainst anyone coming underthe workers compensation act in this state.
(c) In the event the claimed lien is for the sum of $5000 or less it shallbe fully enforceable as contemplated by subsection (a) of this section. In theevent the claimed lien is for a sum in excess of $5,000 the first $5,000 of theclaimed lien shall be fully enforceable as contemplated by subsection (a) ofthis section, and that part of the claimed lien in excess of $5,000 shall onlybe enforceable to the extent that its enforcement constitutes an equitabledistribution of any settlement or judgment under the circumstances. In theevent the patient or such patient's heirs or personal representatives and thehospital or hospitals cannot stipulate to an equitable distribution of aproposed or actual settlement or a judgment, the matter shall be submitted tothe court in which the claim is pending, or if no action is pending then to anycourt having jurisdiction and venue of the injury or death claim, fordetermination of an equitable distribution of the proposed or actual settlementor judgment under the circumstances.
History: L. 1939, ch. 235, § 1; L. 1951, ch. 357, § 1; L. 1957, ch. 336, § 1;L. 1972, ch. 227, § 1;L. 1997, ch. 21, § 1; July 1.