If you were injured in an accident in Texas, you may be subject to a medical lien that you have to pay before you can recover the rest of your personal injury award for the accident-related medical treatment you received. Here is what you need to know about medical liens in Texas.
Explanation of Medical Liens in Texas
Medical liens allow healthcare providers to recover costs for services they rendered to a patient who was injured in an accident and is pursuing a claim for damages. A treating healthcare provider can place a lien on any proceeds you receive as part of your personal injury claim to ensure they receive compensation for the medical services they rendered.
In Texas, there are two general types of medical liens: contractual and statutory liens. Contractual liens are agreements that you specifically enter into with a medical provider, while statutory liens are provided for under the law.
Texas Property Code Section 55.002(a) grants the right to hospitals and certain other medical professionals to impose a lien on any potential personal injury case proceeds the accident victim recovers. Hospitals can impose this lien when the patient is admitted, no later than 72 hours after the accident. The hospital must provide specific information in a written hospital lien notice and only include reasonable and regular charges. These liens are the lesser of the following:
- The cost of medical care rendered to the patient during the first 100 days of treatment
- 50% of the total amount the patient recovers through their injury claim
- An amount the court selects, adjusted for attorneys’ fees and other expenses
Other parties besides hospitals that are allowed to file these liens include the following:
- Emergency medical service providers, such as ambulance services, are subject to a maximum of $1,000
- Individual physicians providing emergency services for reasonable and necessary expenses following the first seven days after hospitalization
- Physicians employed by higher education institutions who provide emergency medical services
Advantages and Disadvantages of Medical Liens
Medical liens allow accident victims to receive the medical treatment that they need after an unexpected accident. They also allow hospitals and other medical providers to receive money for the care they provide when they may not otherwise receive compensation through insurance or other means.
However, medical liens reduce the compensation personal injury victims receive. They may also seem unfair to patients when they are automatically applied without the patient fully understanding the ramifications of accepting them. They can also try to circumvent the traditional process of negotiating medical rates.
How Medical Liens Affect Personal Injury Compensation
Liens are taken off the top of a settlement or judgment before the victim receives any compensation. Therefore, they reduce the net amount of compensation the victim receives. The higher the amount of the medical lien, the less money the victim has in their pocket.
Need Help with Your Medical Lien? Contact George Salinas Injury Lawyers
An experienced San Antonio bus accident attorney can explain how medical liens can affect your case, challenge unjust or excessive liens, and negotiate liens to a more reasonable amount. Contact the experienced attorneys at George Salinas Injury Lawyers for a free case review.