Cook Illinois Patient - Attorney Medical Lien Agreement

State:
Multi-State
Category:
County:
Cook
Control #:
US-LIEN-01
Format:
Word; 
Rich Text
104 downloads

Description

This form is a Medical Lien Agreement. The clien authorizes a health care provider to furnish his/her attorney with prepaid copies of certain medical records relevant to the client's injury or accident. The client also acknowledges that he/she is directly responsible to the health care provider for all medical bills submitted by them for services rendered.
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FAQ

The collateral source rule, which dates from 1854, prohibits the admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant.

However, earlier this year the California Second District Court Of Appeal issued an opinion in Dodd v. Cruz 223 Cal. App. 4th 933, which recognized that critical information from third party medical lien purchasers is discoverable because it is relevant to the "reasonable value" of past medical services provided.

In a California personal injury case, a medical lien authorizes payment of medical bills directly to a health care provider from the settlement or judgment. In essence, it lets the patient receive medical services on credit to be repaid once the case is resolved.

If you are in debt for any reason, such as unpaid medical bills, your home may have a lien placed against it if the debt was made into a judgment or you voluntarily allowed the lien. You can sell your home with a medical lien placed against it, if you are able to make suitable arrangements to have the lien released.

Hospital liens impose a duty on the defendant to pay the hospital for emergency and ongoing services provided to a patient who has sued a third party for causing the harm. A defendant who settles with a patient without honoring a perfected hospital lien remains liable to the hospital for the cost of care provided.

A hospital lien attaches to a bodily injury or Texas survival statute judgment and to the proceeds of a settlement. A hospital lien does not attach to UM/UIM benefits, PIP benefits, Med-Pay, wrongful death claims, claims brought under Texas worker's compensation laws, or the Federal Employees Liability Act.

In a California personal injury case, a medical lien authorizes payment of medical bills directly to a health care provider from the settlement or judgment. In essence, it lets the patient receive medical services on credit to be repaid once the case is resolved.

Hospitals and medical service providers are required to take the following steps to secure a lien: Send a notice to the injured individual that includes their name, address, date of the accident, name and location of the hospital or provider claiming the lien, and the name of the liable person if known.

Whether there is a lien or not, you still have an obligation to pay the hospital's bills. If you fail to do so, they have four years from the date the services were provided to sue you to collect on the bills.

(c) The county clerk shall record the name of the injured individual, the date of the accident, and the name and address of the hospital or emergency medical services provider and shall index the record in the name of the injured individual. (2) the lien does not attach to real property owned by the individual.

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Cook Illinois Patient - Attorney Medical Lien Agreement