Does an Attorney Have a Legal Duty to Settle Medical Lien

[needadvice1234]

My question involves an injury that occurred in the state of: California
I have recently setteled my motor vehicle accident claim. My medical provider has a lein for several thousand dollars against me. The medical provider has been corosponding with my attorney reguarding payment on this lein. MY MAIN QUESTIONS IS: DOES MY ATTORNEY HAVE TO SETTLE THIS LEIN WITH THE MEDICAL PROVIDER? The case setteled for much lower than anticipated. Neither myself nor the attorney signed anything that stated we would pay these medical charges once the case was setteled. The medical provider is currently willing to accept about 60% of what they were originally asking. Since I need the money now, I would much rather take the entire sum andworry about paying the lein at a later date. My attorney doesnt seem to sure if he can pass it along to me. Its easy for him to pay it and say, "well I may get sued later". What does the law
say on this? He has the check4the money yet to divided up. I did have medical insurance at the time of the accident, they are refusing to pay the provider. The original medical lein is about 65% of the overall settelement amount. Thank you ahead of time for the advice.

[Mr. Knowitall]

If the provider has a lien, the provider is entitled to 100% of what you owe. If you want your lawyer to try to negotiate a lower payoff, you can ask your lawyer to do so. If you want to know if you have contracted with your lawyer to negotiate with medical creditors, you need to read your retainer agreement.

I have no access to the documentation from your case, so I cannot tell you if your lawyer can release the money to you without being potentially held liable for what you owe. You will need to figure that out with your lawyer.

If we're talking Medicaid, they will definitely hold your lawyer liable if he gives away their money.

[Adam G]

My question involves an injury that occurred in the state of: California
I have recently setteled my motor vehicle accident claim. My medical provider has a lein for several thousand dollars against me. The medical provider has been corosponding with my attorney reguarding payment on this lein. MY MAIN QUESTIONS IS: DOES MY ATTORNEY HAVE TO SETTLE THIS LEIN WITH THE MEDICAL PROVIDER? The case setteled for much lower than anticipated. Neither myself nor the attorney signed anything that stated we would pay these medical charges once the case was setteled. The medical provider is currently willing to accept about 60% of what they were originally asking. Since I need the money now, I would much rather take the entire sum andworry about paying the lein at a later date. My attorney doesnt seem to sure if he can pass it along to me. Its easy for him to pay it and say, "well I may get sued later". What does the law
say on this? He has the check4the money yet to divided up. I did have medical insurance at the time of the accident, they are refusing to pay the provider. The original medical lein is about 65% of the overall settelement amount. Thank you ahead of time for the advice.

Was it a hospital that claimed the lien? If so, they are limited to 50% of your settlement amount and liability is on the tortfeasor (defendant) to ensure that the liens are satisfied.

Under California’s Hospital Lien Act (“HLA”), Civ. Code §§ 3045.1-3045.6, a hospital that provides medical services to a person injured by an accident or wrongful act may place a lien on the damages recovered from the tortfeasor “to the extent of the amount of the reasonable and necessary charges of the hospital.” Civ. Code § 3045.1.

Such a lien is limited to 50% of the potential recovery that the injured person may recover from a tortfeasor. Under the statutory scheme, a hospital must provide notice of the lien to the tortfeasor. Civ. Code § 3045.3.

If the tortfeasor then makes payment to the injured person without satisfying the lien, the tortfeasor is rendered liable to the hospital for the medical care and services rendered to the injured person. Civ. Code § 3045.4.

http://www.injuryattorney-losangeles...pital_lien.htm

[needadvice1234]

My Insurance Carrier is Health Net.

The provider is not a hospital, it is a group of Doctor's. I had some X-Rays, MRI's, and several visits all a this same facility.

As far as a contract with my Attorney, I will have to find it, Im not sure what reference it makes to medical leins.

[jk]

make this simple

presume there is a lien in place. It most likely is.

the lawyer CANNOT disburse the money to you without first paying the lien unless the lien holder agrees to it.

I cannot find support for adamg's statement of the 50% limitation so it the lien is for more than 50%, say so and I will look further to verify which is correct.



They do not care that you would rather pay them later. The fact is, they have already delayed being paid while your case progressed to this point. They are very unlikely to be willing to wait any longer.

btw: if there is a lien in place and the lawyer does not pay the lien before distributing the money to you ,HE can get sued along with you. He isn't going to give it to you unless he is legally allowed to.

[needadvice1234]

This medical lein is LESS than 50%

I see in some states a Medical lein has to be filed with the County Clerks office to be enforceable. Is this true in California?

[aaron]

If you want to know the details of the lien and what the provider has done to secure the lien, ask your doctor. There is no point in asking us to chase shadows - find out what the facts are and then tell us the facts, or get the answer from your lawyer.