Legal Question in Civil Litigation in California

does this mean a hospital in california has to file a medical lien,in regards to my personal injury case. what im asking is if they are bound by law to do so, with this statutes:
The following is an example of a state statute (California) on Hospital Lien.
Cal Civ Code � 3045.1. Claim of lien for emergency medical care and services:
Every person, partnership, association, corporation, public entity, or other institution or body maintaining a hospital licensed under the laws of this state which furnishes emergency and ongoing medical or other services to any person injured by reason of an accident or negligent or other wrongful act not covered by Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, "shall", if the person has a claim against another for damages on account of his or her injuries, have a lien upon the damages recovered, or to be recovered, by the person, or by his or her heirs or personal representative in case of his or her death to the extent of the amount of the reasonable and necessary charges of the hospitaland any hospital affiliated health facility, as defined in Section 1250 of the Health and Safety Code, in which services are provided for the treatment, care, and maintenance of the person in the hospital or health facility affiliated with the hospital resulting from that accident or negligent or other wrongful act.

Asked on 1/15/13, 1:08 pm

0 users found helpful

0 attorneys agreed

No, it means they automatically have a lien whether they file anything or not.

Answered on 1/15/13, 2:20 pm

Keywords

Match Any Match All

Country

State

Area of Law