(1) Whenever any person employs a physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service to perform professional services of any nature, in the treatment of or in connection with an injury, and such injured person claims damages from the party causing the injury, such physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service shall have a lien upon any sum awarded the injured person in judgment or obtained by settlement or compromise on the amount due for the usual and customary charges of such physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service applicable at the time services are performed, except that no such lien shall be valid against anyone covered under the Nebraska Workers' Compensation Act. For persons covered under private medical insurance or another private health benefit plan, the amount of the lien shall be reduced by the contracted discount or other limitation which would have been applied had the claim been submitted for reimbursement to the medical insurer or administrator of such other health benefit plan. The measure of damages for medical expenses in personal injury claims shall be the private party rate, not the discounted amount.
(2) In order to prosecute such lien, it shall be necessary for such physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service to serve a written notice upon the person or corporation from whom damages are claimed that such physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service claims a lien for such services and stating the amount due and the nature of such services, except that whenever an action is pending in court for the recovery of such damages, it shall be sufficient to file the notice of such lien in the pending action.
(3) A physician, nurse, chiropractor, physical therapist, hospital, or provider of emergency medical service claiming a lien under this section shall not be liable for attorney's fees and costs incurred by the injured person in securing the judgment, settlement, or compromise, but the lien of the injured person's attorney shall have precedence over the lien created by this section.
(4) Upon a written request and with the injured person's consent, a lienholder shall provide medical records, answers to interrogatories, depositions, or any expert medical testimony related to the recovery of damages within its custody and control at a reasonable charge to the injured person.
(5) For purposes of this section, provider of emergency medical service means a public entity that provides emergency medical service as defined in section 38-1207.
Notes of Decisions
Bergan Mercy Health Sys. v. Haven, 620 N.W.2d 339 (Neb. 2000).
· cites it 129× “NATURE OF CASE The two questions presented in this appeal are (1) whether the Nebraska medical lien statute, Neb.Rev.Stat. § 52-401 (Reissue 1998), constitutes unconstitutional special legislation under Neb.”
Parnell v. Good Samaritan Health Sys., Inc., 620 N.W.2d 354 (Neb. 2000).
· cites it 78× “Good Samaritan filed a lien against a settlement obtained by Parnell pursuant to Neb.Rev.Stat. § 52-401 (Reissue 1998). The question presented in this appeal is whether § 52-401 constitutes unconstitutional special legislation because it provides an exception to the common fund…”
Parnell v. Madonna Rehab. Hosp., Inc., 602 N.W.2d 461 (Neb. 1999).
· cites it 17× “Pursuant to Neb. Rev. Stat. § 52-401 (Reissue 1998), Madonna claimed a lien against settlement money obtained by Parnell as part of a personal injury action related to the accident.”
In Re Guardianship of Bloomquist, 523 N.W.2d 352 (Neb. 1994).
· cites it 16× “Nebraska’s hospital lien statute, Neb. Rev. Stat. § 52-401 (Reissue 1993), grants medical providers a statutory lien.”
Midwest Neurosurgery, P.C. v. State Farm Ins. Companies, 686 N.W.2d 572 (Neb. 2004).
· cites it 14× “After it treated Lundin, Midwest sent a letter to State Farm in which Midwest claimed that it had a physician’s lien under Neb. Rev. Stat. § 52-401 (Reissue 1998). State Farm, on behalf of Monasmith, later entered into a settlement agreement with Lundin; Midwest did not take…”
Bryan Mem'l Hosp. v. Allied Prop. & Cas. Ins., 163 F. Supp. 2d 1059 (D. Neb. 2001).
· cites it 33× “Pursuant to Neb.Rev.Stat. Ann. § 52-401 4 (Michie 1995), plaintiff LGH perfected its hospital lien in the amount of $83,907.”
Ehlers v. Perry, 494 N.W.2d 325 (Neb. 1993).
· cites it 8× “LGH based its lien on Neb. Rev. Stat. § 52-401 (Reissue 1988), which states in pertinent part: *214 Whenever any person shall employ a .”
West Nebraska Gen. Hosp. v. Farmers Ins. Exch., 475 N.W.2d 901 (Neb. 1991).
· cites it 11× “Farmers argues that (1) it is not a proper party defendant in an action to foreclose a hospital lien because it did not cause Schneider’s injuries; (2) West Nebraska did not comply with the notice requirements of Neb. Rev. Stat. § 52-401 (Reissue 1988) prior to Farmers’…”
Midwest Neurosurgery, P.C. v. State Farm Ins. Companies, 673 N.W.2d 228 (Neb. Ct. App. 2004).
· cites it 20× “Midwest bases its claim for the full amount of the unpaid portion of its perfected lien under Neb. Rev. Stat. § 52-401 (Reissue 1998). Relying upon Midwest’s contractual agreement, Lundin resists.”
Cent. Fin. Control v. Kosiske, 576 N.W.2d 473 (Neb. 1998).
· cites it 11× “Appellant claims that under Neb. Rev. Stat. § 52-401 (Cum. Supp. 1996), its hospital lien attached on July 1,1996, when the settlement with the Salazars was approved, because until that time, no fund existed to which the lien could attach.”
In Re Conservatorship of Marshall, 634 N.W.2d 300 (Neb. Ct. App. 2001).
· cites it 13× “Claimants argued that under Neb. Rev. Stat. § 52-401 (Reissue 1998), a hospital lien in their favor attached to the $125,000 settlement upon Keith’s admission to the hospital for treatment in 1995, and the lien survived Keith’s parents’ bankruptcy discharge.”
Yorgan v. Durkin, 2006 WI 60 (Wis. 2006).
· cites it 2× “Some states, unlike Wisconsin, have statutory lien provisions that cover a relatively broad class of health care providers in relation to services provided for personal injury claimants.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.