In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.
A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor?s payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor?s agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.
It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.
San Diego personal injury attorney Jeffrey Frank has been representing accident and injury clients since 1985. As an injury lawyer in San Diego, California, Jeffrey R. Frank offers comprehensive legal services for victims of all types of accidents throughout Southern California.
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Tags: Injury, Medical, Personal, Victims
Source: http://injurylaw.blogdeedee.com/medical-liens-and-personal-injury-victims/
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