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EXPLAIN VIRGINIA LAW OF: § 8.01-66.2 Lien against person whose negligence causes injury

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11-17-2016 - Thursday

 

Someone please explain this law to me and what it means!!

Is this about the make whole doctrine in all 50 states?  Does this mean of the settlement money received by the insurance company that the payout or subrogation is limited to what funds are taken by the settlement money?  For us does this Virginia law also pertain to MCV - Medical College of Virginia hospital services which are related to a car accident?  If so, and the attorney we worked with did not apply this law does that mean he is a malpractice attorney?  Thanx!!

 

§ 8.01-66.2

Lien against person whose negligence causes injury

Whenever any person sustains personal injuries caused by the allegednegligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services and transportation provided by an emergency medical services vehicle shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $ 2,500 in the case of a hospital or nursing home, $ 750 for each physician, nurse, physical therapist, or pharmacy, and $ 200 for each emergency medical services agency providing emergency medical services or emergency medical services vehicle transportation on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries.

Lien against person whose negligence causes injury (§ 8.01-66.2)—Virginia Decoded - Virginia Decoded
https://vacode.org/2016/8.01/3/7.1/8.01-66.2/

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1 hour ago, scammed804 said:

Someone please explain this law to me and what it means!

 

It would be helpful to know which part(s) of the law you don't understand, but here's a restatement of the law:  If Person A is injured as a result of Person B's negligence, and Person A receives medical treatment or medication from a pharmacy, the provider of the treatment or medication has a lien against any claim by Person A against Person B.

 

For example, John and Sally get into a car accident.  John is injured and receives medical treatment and medication.  John sues Sally, and it is found that Sally was 100% at fault for John's injuries.  John's medical providers are entitled to liens against John's recovery from Sally.

 

 

1 hour ago, scammed804 said:

Is this about the make whole doctrine in all 50 states?

 

I'm not sure what this means, but this law is a Virginia law that is only applicable in Virginia (although many -- and it wouldn't surprise me if it were all -- other states have similar laws).

 

 

1 hour ago, scammed804 said:

Does this mean of the settlement money received by the insurance company that the payout or subrogation is limited to what funds are taken by the settlement money?

 

Huh?

 

 

1 hour ago, scammed804 said:

For us does this Virginia law also pertain to MCV - Medical College of Virginia hospital services which are related to a car accident?

 

I don't know who "us" refers to, but car accidents are typically the result of negligence.

 

 

1 hour ago, scammed804 said:

If so, and the attorney we worked with did not apply this law does that mean he is a malpractice attorney?

 

Again, huh?  We obviously have no way of knowing what area(s) of the law your attorney practices.

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Hi @scammed804

 

Thanks for posting! PG provided you a good breakdown of what this code section means. If there is any particular part of the code that is still unclear, let us know.

 

When you ask if your attorney, but not applying this code section "is a malpractice attorney," do you mean that he committed legal malpractice? To address this question, we would need to know the circumstances of the case, and what injury you sustained by the failure to apply this law in your case. You may want to confer with a local attorney who is familiar with legal malpractice cases.

 

Best of luck!

The FindLaw.com Team

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Whenever any person sustains personal injuries caused by the alleged negligence of another!

 

We are the injured who received injuries caused by the at fault driver.

 

The MCV bills are $40,000.  Now this document said hospital should be paid 2500 not 40,000.  The 40,000 is full retail price.  Now the Federal government and the insurance companies never pay full price on any medical services for their clients!

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Hi @scammed804

 

This code section indicates that the amount of a lien cannot exceed $2,500 in the case of a hospital, not the amount of the bill. As you have learned, unfortunately hospital bills are often quite high.

 

From your post, it appears that you are currently working with a car accident attorney. Do you have a case ongoing?

 

The FindLaw.com Team

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10 minutes ago, scammed804 said:

We are the injured who received injuries caused by the at fault driver.

 

The MCV bills are $40,000.  Now this document said hospital should be paid 2500 not 40,000.

 

When you refer to "this document," I assume you're referring to the statute you quoted in your original post.  Correct?

 

If so, you are not correct.  The statute does not say that the "hospital should be paid" $2,500, rather than $40,000.  The statute states that the hospital's lien may not exceed $2,500.  Those are completely different things.

 

 

12 minutes ago, scammed804 said:

Now the Federal government and the insurance companies never pay full price on any medical services for their clients!

 

What does that have to do with anything?

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54 minutes ago, FindLaw_RE said:

Hi @scammed804

 

This code section indicates that the amount of a lien cannot exceed $2,500 in the case of a hospital, not the amount of the bill. As you have learned, unfortunately hospital bills are often quite high.

 

From your post, it appears that you are currently working with a car accident attorney. Do you have a case ongoing?

 

The FindLaw.com Team

 

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11-17-2016 Thursday

 

Hi, FindLaw:

 

So we were told by our attorney that there were liens in place on the MCV.  Which prompted the recent visit as described below.

 

Recently, we went to the MCV billing to find there were no liens in place until I mentioned bankruptcy to them the 2 employees one for the hospital and the other employee for the physician side of MCV.  Of this day I also mentioned there was an attorney in this personal injury caused by someone else who was at fault.

 

The next day we were told the bills were at the Attorney General Virginia.  We were told that we were represented by an attorney so they could not speak to us further about any bills.

 

So if those bills went over to the Attorney General Virginia's office then there was placed a lien on the bill of $40,000.  As the law states above there should be no lien over the amount of $2500, right?

 

My other question is this that why does the Federal government get a break on medical costs along with the insurance companies yet the consumer is forced to pay full retail.  I call that being unfair in market prices.

 

I get the feeling our attorney has put the case on the back burner for 3 years.  This attorney could had cut our personal costs of $130,000 we spent in a 2 year period to find out other car accident injuries in another state since MCV told us they could only work on 1 body part at a time.  This attorney could had told us the value of the policy limits of $100,000 3 years ago.  And who do we fault for moving slow on this personal injury case?  This attorney said he could claim a torn rotator cuff only when there were other injuries.  This attorney could had cut our losses a long time ago.  This whole case has turned out to be a huge waste of our time to find out the other injuries.  It seems that the lobbyists for the insurance companies lobby to make sure the insurance industry suffer no monetary losses as the injured can suffer tremendous loss on finances, injuries, hospital bills, physician bills, pharmacy bills and income loss, etc!

 

There is an ongoing case but the answers we get are vague which is why I am here trying to find out the right answers!

 

 

 

 

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All i can determine from your long explanatoons is that you are upset about the amount of your medical bills you claim are related to an automobile crash.  A lot of it doesn't make sense.  For instance, you refer to discussions with MCV that were terminated when they learned you had an attorney.  Why were you involved in the discussion of the fees?  Did your attorney know you were doing that?  Do you know it is common for an attorney to discuss reductions in medical claims in conjunction with settlement?  You suggest your attorney could have reduced your damages but it is not clear how that could happen.

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