Have you become the victim of a Texas hospital lien?
Hospital liens are a particularly troubling aspect of a personal injury lawsuit, and they are the last thing you need after being victimized and injured in an accident.If you have been injured in a car accident and received emergency medical care at a Texas hospital, a hospital lien may have been filed against you.
The Hospital May Have a Claim To Your Settlement Proceeds. If you do obtain a settlement in your personal injury case, you may find yourself arm wrestling with the hospital over your settlement proceeds. Yes, the hospital has the first right to any settlement proceeds, even though you are the injured party.
Within 72 hours of your admittance into a hospital, the hospital can file a lien against your settlement. This means that they are entitled to the compensation settlement you receive from the insurance company to get their bills paid. Often an experienced hospital lien lawyer is needed to defend your rights and prevent the hospital from taking more money than they should.
Many times, hospitals abuse this power. They may refuse to bill insurance companies so they can maximize their profit at your expense. You see, a hospital will refuse to bill insurance companies because they can charge much more than any type of insurance company would be willing to pay.
They can artificially inflate the price of treatment and hold it against your claim. When this happens, oftentimes seeking an experienced personal injury attorney who has expertise in fighting hospital liens can be important. In my experience, it is difficult to negotiate with many hospitals because once they have filed their lien they have all the power.
Many situations require filing a lawsuit against the hospital and taking them to court. Texas has adopted one measure to at least deter some of this abuse from hospitals by demanding that hospitals bill health insurance providers when available. However, there is ambiguity as to whether or not this applies to Medicare or similar types of coverage. This still allows hospitals to file a lien on your claim if you are covered by insurance programs like these. Let’s face it, the hospital’s goal is to make as much money as they can.
My goal is to help you, the accident victim, keep as much of your settlement as possible. After all, you are the one who is hurt. The government and private health insurance companies receive deep discounts, yet hospitals try and charge “list price” to accident victims. This is unjust.