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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
February 1 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 3 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 10 - Newsblog #33
In the News: $7.8 Million Construction Injury Settlment Highlights Rash of New Contruction Accidents
May 17 - Newsblog #34
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #35
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #36
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #37
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #38
List of Troubled Nursing Homes Released
June 21 - Newsblog #39
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #40
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #41
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #42
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #43
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #44
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
September 25 - Newsblog #45
Yes, Sex Trafficking is Happening in Indiana
October 30 - Newsblog #46
In the News: Product Liability Cases in 2019
November 13 - Newsblog #47
In the News: Arbitration Clauses Allowed in Indiana Nursing Home Contracts
November 27 - Newsblog #48
In the News: $101 Million Birth Injury Settlement Awarded
December 4 - Newsblog #49
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse
December 11 - Newsblog #50
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 18 - Newsblog #51
In the News: Parents of Bus Accident Victim Awarded $20 Million
January 8 - Newsblog #52
In the News: Parents Sue After Daughter’s Brain Damaged in Surgery
January 29 - Newsblog #53
In the News: Trucking Accidents Due to Careless Driving Increase
February 19 - Newsblog #54
Indiana Authorities Buy More Time to Prosecute Child Abusers
February 26 - Newsblog #55
In the News: Teen Brain-injured at Birth Awarded $15.1 Million
March 4 - Newsblog #56
In the News: Did Connecticut School Officials Turn a Deaf Ear to Sexual or Physical Abuse?
March 18 - Newsblog #57
In the News: Facility Held to Blame for Medical Treatment Delivered in a Careless and Negligent Manner
April 1 - Newsblog #58
In the News: Emergency Measures Instituted in Indiana’s Judicial System
April 8 - Newsblog #59
In the News: Medical Malpractice Limits Challenged in California
April 15 - Newsblog #60
In the News: Indiana Supreme Court Issues Five Orders for Legal Proceedings
May 6 - Newsblog #61
In the News: Nursing Homes with Covid-19 Cases Have Been Violating Federal Infection Control Rules for Years
May 13 - Newsblog #62
In the News: Physician Not Negligent in Choosing One Treatment over Another
June 3 - Newsblog #63
In the News: Indiana Undercounting Covid-19 Deaths?
June 17 - Newsblog #64
In the News: Ruling Reverse on Police Shooting – New News, Old Story?
July 8 - Newsblog #65
In the News: What is This Thing Called Qualified Immunity?
July 15 - Newsblog #66
In the News: Sooner or Later for Virus-delayed Jury Trials
July 29 - Newsblog #67
In the News: Truck Driver Sentenced, Another Charged in Fatal Crashes
August 12 - Newsblog #68
In the News: Double-booked Doctors Cause Personal Injury to Patients
August 26 - Newsblog #69
In the News: $4.9m Auto Accident Settlement Teaches Many Lessons
September 2 - Newsblog #70
In the News: Negligence Unmasked at Pennsyvania Trial
September 9 - Newsblog #71
In the News: Double-booked Doctors Cause Personal Injury to Patients
September 27 - Newsblog #72
In the News: Heart Rhythm Drug Poisoned Patient’s Lungs
October 14 - Newsblog #73
In the News: Prisoner Vs. Prison – a Tale of Two Medical Negligence Lawsuits
October 28 - Newsblog #74
In the News: Richard Hailey Serves As Co-counsel in Tragic Texas Medical Malpractice Case
November 4 - Newsblog #75
In the News: Mesothelioma Trials Move Ahead, Pandemic Notwithstanding
November 4 - Newsblog #76
In the News: Richard Hailey Serves As Co-counsel in Tragic Medical Malpractice Case
November 4 - Newsblog #77
In the News: Mesothelioma Trials Move Ahead, Pandemic Notwithstanding
November 18 - Newsblog #78
In the News: Two-year-old Shoots Mom in Tragic Reminder of the Need for Safe Storage of Guns
December 30 - Newsblog #79
In the News: when ‘ghost Guns’ Cause Real Deaths
January 13 - Newsblog #80
In the News: when Police Dogs Cause Personal Injury to the Innocent
January 27 - Newsblog #81
In the News: Old List of Six Proves Very Relevant Today
February 24 - Newsblog #82
In the News: Indiana Nursing Homes Shielded from Covid-19 Liability Suits 

March 10 - Newsblog #83
In the News: Online Hunters out to Halt Child Abuse
March 17 - Newsblog #84
In the News: Toxic Talc Still a Problem
April 14 - Newsblog #85
In the News: Va Hospital Wrongful Death Verdict Increased After-the-fact
April 14 - Newsblog #86
Think You Don’t Need a Doctor After Being Hit by a Car? Think Again!
May 5 - Newsblog #87
In the News: Historic Police Reform and Training Bill Signed into Law
June 2 - Newsblog #88
In the News: Shaquille Kelly Shot by Police in Ft. Wayne
June 9 - Newsblog #89
In the News: Cement Plant to Pay $700k for Spewing Pollutants
June 16 - Newsblog #90
In the News: Estate of Man Killed by Police Sues Indianapolis
July 7 - Newsblog #91
In the News: Vehicular Homicide Result of Impairment and Speed
July 28 - Newsblog #92
In the News: Two Recent Drownings Call Attention to Dangers 

July 28 - Newsblog #93
Driving Phobia Ptsd Can Be Grounds for a Personal Injury Lawsuit
August 4 - Newsblog #94
In the News – Sexual Abuse Claim Ruled Outdated
August 18 - Newsblog #95
In the News – New Study Questions Pollution Levels in Franklin, Indiana
September 1 - Newsblog #96
In the News – Two Corporations Punished for Failure to Warn
September 8 - Newsblog #97
In the News – Tesla Autopilot Investigation Highlights Product Liability Issues
October 27 - Newsblog #98
In the News – Irish Hospital Apologizes to Six Year Old for Medical Injury
November 3 - Newsblog #99
In the News – Nursing Homes Fail to Report Covid-19 Deaths to Osha
November 11 - Newsblog #100
In the News: Bicycle Injuries and Fatalities Hit Home in Indiana
December 15 - Newsblog #101
In the News: Children Killed by Dui – the Wrongest of Wrongful Deaths
December 22 - Newsblog #102
In the News: Parents of Girl Who Drowned Sue City of Princeton
January 5 - Newsblog #103
In the News: 50 Indiana Children Dead of Neglect and Abuse in 2020
January 19 - Newsblog #104
Did Church Protect Pastor, Not Children?
February 16 - Newsblog #105
In the News: $10 Million Verdict in Rv/pedestrian Accident
March 30 - Newsblog #106
In the News: Carmel Priest Suspended for Alleged Child Abuse
April 20 - Newsblog #107
In the News: the Effects of Child Abuse – Way Beyond Blue Water or Pinwheels

Medical Malpractice Newsletter

Medical Liens and Filing Proper Notice

A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks medical insurance and the resources to pay for such treatment, a “medical lien” may provide a viable alternative.

Medical Liens

A medical lien basically reflects an agreement between the injured party and others, such as the health care providers, to defer payment until settlement with an insurance company or a court judgment. Upon completion of specified procedures (called “perfection”), this lien can become legally effective to require that the injured party keep the promise and pay the outstanding debt out of the proceeds of the settlement or lawsuit, often before the injured party receives such funds.

Without perfection, the health care provider may still pursue collection against the injured party, but may not be able to force payment from those particular proceeds, which could be spent by the injured party. Statutory procedures and requirements must generally be met in order to perfect the lien. These requirements and procedures are usually created and regulated by state law and include proper “perfection” and “notice” procedures, which can vary significantly. A local attorney may thus be advisable when creating, evaluating, and handling medical liens. An attorney may also be able to negotiate a reduction in the medical expenses subject to the lien.

Perfecting by Written Notice

A common way of perfecting a medical lien in some jurisdictions is sending a written notice of the debt to all parties, their attorneys, and/or the insurance company for the injuring party, which will pay the settlement or judgment. Who must receive notice and what information the notice must contain varies from state to state. Generally, however, notices must include some or all of the following information:

  • The amount of the debt and a description of the services received (some states require that the charges be “reasonable and necessary”; other states limit charges to a percentage of the recovery).
  • Acknowledgment of the debt and responsibility for payment by the injured party.
  • Agreement by the injured party that the debt can be paid from an insurance settlement or lawsuit judgment proceeds.
  • Agreement that the injured party’s attorney be instructed to pay the creditor out of such proceeds.

Filing a Notice of Lien

In some states, the medical lien must be filed with a designated public agency, such as a county clerk. This can be in addition to or as an alternative to giving the above-described notice. Where filing is required, there may be specifications as to the size of the paper, margins, whether the signatures must be notarized, etc.

Requirements specifying the content of the filed lien also vary from state to state, but generally include:

  • The name and address of the injured party.
  • The name and address of the debtor (the person or entity who provided the services).
  • Name and address of the insurance company (of the person causing the injury).
  • The person or entity liable for the debt.
  • An itemized statement of the amount of the debt.

Enforceability of Lien in Bankruptcy

Proper perfection determines the enforceability of the medical lien. In two cases, U.S. Bankruptcy Courts have held that if proper filing and notice requirements have not been satisfied and the injured party files for bankruptcy, the lien holder is not entitled to enforce payment of the debt directly from the proceeds of the lawsuit. The medical lien became an ordinary debt payable from the assets of the bankruptcy estate. The result in both cases was that the lien holder (health care provider) was only able to recover a small portion of the debt.

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