§4752. Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons
A health care provider, hospital, or ambulance service that furnishes services or supplies to any injured person shall have a privilege for the reasonable charges or fees of such health care provider, hospital, or ambulance service on the net amount payable to the injured person, his heirs, or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the net amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person. The privilege of an attorney shall have precedence over the privilege created under this Section.
Acts 1990, No. 792, §1.
Notes of Decisions
Marquez v. Progressive Ins. Co., 944 So. 2d 876 (La. Ct. App. 2006).
· cites it 16× “R.S. 9:4752 had a preference to the funds over an innocent victim's rights resulting in no recovery to the victim? 2.”
Howe v. Scottsdale Ins. Co., 204 F.3d 624 (5th Cir. 2000).
· cites it 5× “La.Rev.Stat. Ann. § 9:4752 (West 1999). A charity hospital such as the LSUMC may also intervene in suits brought by the patient/plaintiff it treats.”
Howard v. Willis-Knighton Med. Ctr., 924 So. 2d 1245 (La. Ct. App. 2006).
· cites it 4× “R.S. 9:4752 ("Lien Statute"). The unifying connection among class members is that each class member received medical treatment at WKMC for injuries in an accident caused by the fault of a third party and WKMC placed liens against any judgment or settlement proceeds available to…”
Allen & Norman, LLC v. Chauvin, 916 So. 2d 1071 (La. Ct. App. 2005).
· cites it 10× “R.S. 9:4752, which states in pertinent part: A health care provider .”
Nicholes v. St. Helena Par. Police Jury, 604 So. 2d 1023 (La. Ct. App. 1992).
· cites it 5× “R.S. 9:4752 provides as follows: § 4752. Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons A health care provider, hospital, or ambulance service that furnishes services or supplies to any…”
Dauzart v. Fin. Indem. Ins. Co., 39 So. 3d 802 (La. Ct. App. 2010).
· cites it 4× “R.S. 9:4752, which states: A health care provider, hospital, or ambulance service that furnishes services or supplies to any injured person shall have a privilege for the reasonable charges or fees of such health care provider, hospital, or ambulance service on the net amount…”
Moore v. State for State Un. Med. Ctr., 596 So. 2d 293 (La. Ct. App. 1992).
· cites it 5× “R.S. 9:4752, et seq. LSU is properly before this Court insofar as it has been ruled into court pursuant to Moore's rule to show cause in the concursus proceeding.”
Mena v. Muhleisen Props., 652 So. 2d 65 (La. Ct. App. 1995).
· cites it 8× “R.S. 9:4752, under which it can recoup its charges from the net proceeds recovered by the plaintiffs.”
Charity Hosp. of Louisiana v. Band, 593 So. 2d 1392 (La. Ct. App. 1992).
· cites it 3× “R.S. 9:4752 was perfected. [1] McCrimmons' personal injury suit was subsequently settled for forty thousand dollars ($40,000.”
— La. Rev. Stat. § 9:4752(A) — 1 case
Nicholes v. St. Helena Par. Police Jury, 604 So. 2d 1023 (La. Ct. App. 1992).
“R.S. 9:4752 provides as follows: § 4752. Privilege on net proceeds collected from third party in favor of medical providers for services and supplies furnished injured persons A health care provider, hospital, or ambulance service that furnishes services or supplies to any…”
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