§ 44-49. Lien created; applicable to persons non sui juris.
Article 9.
Liens upon Recoveries forPersonal Injuries to Secure Sums Due for Medical Attention, etc.
§ 44‑49. Lien created;applicable to persons non sui juris.
(a) From and afterMarch 26, 1935, there is hereby created a lien upon any sums recovered as damagesfor personal injury in any civil action in this State. This lien is in favor ofany person, corporation, State entity, municipal corporation or county to whomthe person so recovering, or the person in whose behalf the recovery has beenmade, may be indebted for any drugs, medical supplies, ambulance services,services rendered by any physician, dentist, nurse, or hospital, or hospitalattention or services rendered in connection with the injury in compensationfor which the damages have been recovered. Where damages are recovered for andin behalf of minors or persons non compos mentis, the liens shall attach to thesum recovered as fully as if the person were sui juris.
(b) Notwithstandingsubsection (a) of this section, no lien provided for under subsection (a) ofthis section is valid with respect to any claims whatsoever unless thephysician, dentist, nurse, hospital, corporation, or other person entitled tothe lien furnishes, without charge to the attorney as a condition precedent tothe creation of the lien, upon request to the attorney representing the personin whose behalf the claim for personal injury is made, an itemized statement,hospital record, or medical report for the use of the attorney in thenegotiation, settlement, or trial of the claim arising by reason of thepersonal injury, and a written notice to the attorney of the lien claimed.
(c) No action shall lieagainst any clerk of court or any surety on any clerk's bond to recover anyclaims based upon any lien or liens created under subsection (a) of thissection when recovery has been had by the person injured, and no claims againstthe recovery were filed with the clerk by any person or corporation, and theclerk has otherwise disbursed according to law the money recovered in the actionfor personal injuries. (1935, c. 121, s. 1; 1947, c. 1027; 1959, c. 800, s. 1; 1967, c. 1204,s. 1; 1969, c. 450, s. 1; 2001‑377, s. 1; 2001‑487, s. 59.)