Asked in Personal Injury for Georgia

Q: can the hospital put a lien again your settlement without notify you of a lien?

the insurance sent a copy over to me in an email I never received a copy form the hospital billing company can that make the lien null and void.

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2 Lawyer Answers
Ken Shigley
PREMIUM
Answered

A: The answer in your individual case may depend on details of facts that I do not have. However, there is a Georgia case holding that a hospital's lack of strict compliance with hospital lien perfection statute by filing its verified statement three days late may not render the lien unenforceable if the liable parties had actual notice of lien and were not prejudiced by late filing. O.C.G.A. § 44–14–471. Thomas v. McClure, 236 Ga.App. 622, 513 S.E.2d 43 (1999).

Tim Akpinar agrees with this answer

A: I agree with Mr. Shigley; more information is needed. One of the problems with liens in general is that they can materialize at the beginning of a case when the patient is presented with a packet of forms thirty pages thick and the lien is tucked in there somewhere. Good luck

Tim Akpinar

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