(a)Subject to the provisions of Section 23004.3, in any case in which the county is authorized or required by law to furnish hospital, medical, surgical, or dental care and treatment, including prostheses and medical appliances, to a person who is injured or suffers a disease, under circumstances creating a tort liability upon some third person to pay damages therefor, the county shall have a right to recover from said third person the reasonable value of the care and treatment so furnished or to be furnished, or shall, as to this right, be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative,
estate, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished or to be furnished.
(b)The county may, to enforce such rights, institute and prosecute legal proceedings against the third person who is liable for the injury or disease in the appropriate court, either in its own name or in the name of the injured person, his guardian, personal representative, estate, or survivors. Such action shall be commenced within the period prescribed in Section 340 of the Code of Civil Procedure. In the event that the injured person, his guardian, personal representative, estate, survivors, or either of them brings an action for damages against the third person who is liable for the injury or disease, the county’s right of action shall abate during the pendency of such action, and continue as a first lien against any judgment recovered by the injured or diseased person, his guardian, personal
representative, estate, or survivors, against the third person who is liable for the injury or disease, to the extent of the reasonable value of the care and treatment so furnished or to be furnished. When the third person who is liable is insured, the county shall notify the third person’s insurer, when known to the county, in writing of the lien within 30 days following the filing of the action by the injured or diseased person, his guardian, personal representative, estate, or survivors, against the third person who is liable for the injury or disease; provided, however, that failure to so notify the insurer shall not prejudice the claim or cause of action of the injured or diseased person, his guardian, personal representative, estate, or survivors, or the county.
Notes of Decisions
Cited in
15
cases, 1980–2018 · leading case:
Newton v. Clemons, 2003 Cal. Daily Op. Serv. 5808 (Cal. Ct. App. 2003).
Newton v. Clemons, 2003 Cal. Daily Op. Serv. 5808 (Cal. Ct. App. 2003).
· cites it 3× “Third, Government Code section 23004.1 gives a county a first lien, for the cost of medical care it has provided to an injured person, against any judgment the injured person recovers from a third person who is responsible for the injury.”
Parnell v. Adventist Health Sys./West, 109 P.3d 69 (Cal. 2005).
· cites it 2× “3, in any case in which the county is authorized or required by law to furnish hospital, medical, surgical, or dental care and treatment, including prostheses and medical appliances, to a person who is injured or suffers a disease, under circumstances creating a tort liability…”
Cnty. of San Bernardino v. Calderon, 2007 Cal. Daily Op. Serv. 3086 (Cal. Ct. App. 2007).
· cites it 3× “) In contrast, Government Code section 23004.1 provides that a county’s right of action against a third party for reimbursement for medical care provided to a person injured by the third party’s tort continues as a “first lien” on any judgment while the injured party or his…”
Tapia v. Pohlmann, 98 Cal. Daily Op. Serv. 9366 (Cal. Ct. App. 1998).
· cites it 3× “Meanwhile, Amado retained counsel to seek recovery from the driver of the motor vehicle that had collided with Victor.”
City & Cnty. of San Francisco v. Sweet, 906 P.2d 1196 (Cal. 1995).
“Government Code section 23004.1 1 gives a county a first lien for the cost of medical care it has provided to an injured person against any judgment that person recovers from a third person who is responsible for the injury.”
Mares v. Baughman, 2001 Cal. Daily Op. Serv. 8527 (Cal. Ct. App. 2001).
“County next claims that despite the sole use of the term “judgment” and the omission of the term “settlement,” Government Code section 23004.1 applies in both situations.”
Cnty. of Santa Clara v. Escobar, 81 Cal. Comp. Cases 123 (Cal. Ct. App. 2016).
“Government Code section 23004.1 provides a means for counties to obtain recompense for medical treatment rendered at county *559 expense to persons injured through the torts of others.”
Lindsey v. Cnty. of Los Angeles, 109 Cal. App. 3d 933 (Cal. Ct. App. 1980).
“(Gov. Code, § 23004.1, subd. (b).) The obligation for which the County had a lien was a debt owed by Lindsey to the County and was payable without reduction for attorney fees.”
Yanez v. SOMA Env't Eng'g, Inc., 185 Cal. App. 4th 1313 (Cal. Ct. App. 2010).
“) The court reached a contrary conclusion as to individuals who could, themselves or through legally responsible relatives, only partially pay for such services and as to individuals facing a life threatening injury or illness and needing immediate medical care. ( Id.”
Chand v. Bolanos (Cal. Ct. App. 2015).
· cites it 5× “” (Gov. Code, § 23004.1, subd. (a).) The county may thus sue the tortfeasor if the patient does not.”
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