In a previous article, we have discussed medical liens in Michigan. The article entitled Work-Related Car Accidents in Michigan discussed work-related car accidents in Michigan and what you need to do if you ever get the unfortunate event to happen to you.
Here at Haque Legal, we attempt to provide you with as much information as possible to help you out with your claims. With that, let us look at medical liens as well as revisit some of the information that we have already shared with you.
There are two points of view, out of multiple points of view, that we will focus on in this article – medical liens from the point of view of the doctor or health care provider, and medical liens from the point of view of the patient, which is part of a previous discussion.
Doctor’s Point of View
What is A Medical Lien?
By definition, a medical lien is a written agreement between an individual or company who worked on a patient after a car accident and the patients who agree to pay for the services of a doctor out of any insurance benefits settlement or award that they will receive.
The medical lien can be placed by the doctor, for the client’s auto insurance company payments to form part of the payments that the medical practitioner would receive. It may also be placed by the employer in case they covered the medical bills of the patient.
When would I need a lawyer?
In the creation of the medical lien, you already need a lawyer. For a lien to be enforceable, you need to make sure that it complies with all of the requirements set by law and all of the standards related to the creation of a medical lien.
How can I enforce a lien?
In the enforcement of a medical lien, you need to give the patient’s auto insurance company or lawyer the notice that there is a lien that exists. We always suggest that the easiest way to enforce a lien would be through the plaintiff’s attorney. It could be a lawyer to lawyer discussion and you can be out of the way.
Is giving notice enough?
No, giving notice to the insurance company, the patient, and their lawyers may not be enough. There is such a thing as the existence of multiple medical liens. This means that you may not be the only one who imposed a lien on the insurance claim. It could be imposed by the employer of the patient. The hospital that you are working on or another doctor may also impose a lien on the insurance proceeds.
What should I do if there are multiple liens?
A lawyer can help protect your rights when there are multiple liens. Other medical care providers would need to get the lien and who would want a pro-rata share of the total award for actual costs and billing from the patient.
What if my medical lien is ignored by the lawyer of the patient?
You can always go to court with your lawyer to enforce a medical lien. As long as you make sure that the medical lien has been properly enforced and that you have all of the rights to the payment of the bills, your lawyer can help you get your day in court and enforce the lien.
Patient’s Point of View
The patient’s point of view is also important in the enforcement of the lien. If you are already in a car accident, the least of your worries should be who gets what in your insurance proceeds. You should just worry about your health. Hence, having knowledge of what should you expect when your company placed a lien on your insurance proceeds is important.
Let us look at the answer.
Workmen’s Compensation
My company placed a lien on the recovery of my pain and suffering compensation, can they do so?
Yes. There are certain circumstances when the employer or the workers’ compensation insurance company may be able to get monetary reimbursement. The reimbursement is taken from what has been paid to you by putting a lien on the recovery of your pain and suffering compensation. This has been clarified in the Michigan Supreme Court ruling in the case of Great American Insurance v. Queen.
In the case of Great American Insurance v. Queen, it was held that if you received workers’ compensation benefits that are more than a substitute for the benefits that you have received, then the lien is authorized to be placed on your recovery of pain and suffering compensation.
Generally, this would depend on the amount of the workers’ compensation insurance.
Example
The workers’ compensation insurance has a limit of 300,000 dollars. The insurance gives you a 400,000 dollar workers compensation then the company would have a right to place a lien of 100,000 dollars on your pain and suffering compensation recovery.
Let Haque Law Help You With Your Claims
Now that you know some facts about dealing with medical liens in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer:
The article that you have read is based on general applications of the law. This is not legal advice. You should not construe it as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your medical lien proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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