38-7-1 - Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
38-7-1. Lien of hospital on judgment, settlement, or compromise in certainaccident cases authorized.
(1) Every hospital located within the state that furnishes emergency, medical, or otherservice to a patient injured by reason of an accident not covered by workmen's compensation isentitled to assert a lien upon that portion of the judgment, settlement, or compromise going orbelonging to such patient, or, in the case of death, to such patient's heirs or personalrepresentatives, less the amount paid by the patient, or on behalf of such patient, by heirs orpersonal representatives for attorney's fees, court costs, and other necessary expenses incidental toobtaining the judgment, settlement, or compromise; provided, that no reduction of the assertedlien amount other than the amount paid by the patient, or such patient's heirs, or personalrepresentatives for attorney's fees, court costs, and other necessary expenses incidental tolitigation is allowed, unless otherwise agreed to in writing by the lien claimant. The hospital lien,however, shall not apply to any judgment, settlement, or compromise where the amount is $100or less. This subsection shall apply to any lien on file in the district court of the county on theeffective date of this act. Liens on file with the office of the county clerk shall be transferred tothe respective county district court on May 1, 1996.
(2) A hospital lien may be filed upon damages recovered, or to be recovered, either as aresult of a judgment, or upon a contract of settlement or compromise, for the amount of thereasonable, usual, and necessary hospital charges for treatment, care, and maintenance of theinjured party in the hospital up to the date of payment of the damages.
Amended by Chapter 167, 1996 General Session