When an individual is a victim of a personal injury (car accident, slip and fall, etc.) in New Mexico, it is important report the incident and receive treatment from a medical provider or hospital. Regardless if they were injured in an accident on I-25, I-40, or at someone's home or business, many individuals may hesitate in receiving treatment for fear of the medical bills or co-pays and the liens that hospitals may pursue.
Here are few things you should know about Hospital Liens.
- A hospital lien is a right to retain possession of a patient's property if a medical bill is not paid.
- Hospital liens are governed by New Mexico Statutes section 48, article 8 (NMSA 48-8-1 through 48-8-7).
- When a patient receives treatment from any hospital in New Mexico, a hospital lien may be filed against any recovery or payment that the patient has received or may receive in the future.
- A lien must include all legal requirements to be effective A hospital must follow the statutory procedure: the hospital must file a written notice with the county clerk. the hospital must mail the filed notice by certified mail to injured party or counsel. And the hospital must mail a copy of the filed notice by certified mail to insurance carrier that insured the injured party.
Once the payment is received the hospital must release the lien although many times hospital liens may be negotiated and paid for an amount less than the total lien. Keller & Keller's attorneys are experienced at negotiating hospital liens. They are happy to answer your hospital lien questions at any time by calling (800) 2-KELLER.