No hospital lien is effective upon damages recovered for personal injuries unless:
A. a written notice is filed in the office of the county clerk of the county in which the
hospital asserting the lien is located containing the following information:
(1) an itemized statement of all claims certified as correct by an agent of such
hospital;
(2) the date of the accident;
(3) the name and location of the hospital; and
(4) the name of the person, firm or corporation alleged to be liable to the
injured party for the injuries received; and
B. the hospital sends by certified mail with return receipt requested, prior to the
payment of any money to the injured person or his attorneys or legal representative as
compensation for the patient's injuries, a copy of the written notice, together with a
statement of the date of filing, to the person, firm or corporation alleged to be liable to
the injured party for the injuries sustained. The person, firm or corporation alleged to be
liable to the injured person shall, upon request of the hospital, disclose the name of the
insurance carrier that has insured the person, firm or corporation against liability; and
C. the hospital mails a copy of the written notice by certified mail with return receipt
requested to the home office of any insurance carrier that has insured the person, firm
or corporation against liability, if the name and address is known.
History: 1953 Comp., § 61-9-2, enacted by Laws 1961, ch. 227, § 2.
ANNOTATIONS
Substantial compliance sufficient for notice. — Substantial rather than strict
compliance with the statutory notice provision satisfies the legislative intent. Sw. Cmty.
Health Servs. v. Safeco Ins. Co., 1989-NMSC-042, 108 N.M. 570, 775 P.2d 1287.
Notice held sufficient. — Hospital substantially complied with the statutory notice
provision, where notice was mailed to the insurer's home office in Albuquerque rather
than Seattle, after the insurer's agent assured the hospital that the Albuquerque office
was sufficient for serving notice upon the insurer. Sw. Cmty. Health Servs. v. Safeco
Ins. Co., 1989-NMSC-042, 108 N.M. 570, 775 P.2d 1287.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 C.J.S. Hospitals § 15.
Notes of Decisions
Sw. Cmty. Health Servs. v. Safeco Ins., 775 P.2d 1287 (N.M. 1989).
· cites it 8× “NMSA 1978, § 48-8-2. With respect to the issue of attorney’s fees, the statute reads, in pertinent part as follows: Every hospital located within the state * * * is entitled to assert a lien upon that part of the judgment, settlement or compromise going, or belonging to such…”
Regents of Univ. of NM v. Lacey, 764 P.2d 873 (N.M. 1988).
· cites it 2× “In accordance with NMSA 1978, Section 48-8-2, the Regents filed their notice of a hospital lien with the Clerk of Bernalillo County, dated April 26, 1985, with subsequent addenda on May 22, 1985, July 3, 1985, and February 16, 1986, and sent copies of the notices to all parties.”
Hall v. Regents of Univ. of New Mexico, 740 P.2d 1151 (N.M. 1987).
· cites it 2× “On August 21, 1984, appellants filed a notice of hospital lien containing the information required by NMSA 1978, Section 48-8-2. The hospital’s lien was in complete form, properly filed, and properly served on all parties entitled to notice under the Hospital Lien Act, NMSA…”
Regents of the Univ. v. Fireman's Fund Ins. Companies, 712 P.2d 1371 (N.M. 1986).
· cites it 2× “In accordance with NMSA 1978, Section 48-8-2, the Regents filed their notice of a hospital lien with the Clerk of Bernalillo County, dated July 21, 1981, and sent copies of the notice to Ortega, the Archuletas, and to Fireman’s.”
Wright v. First Nat'l Bank, 919 P.2d 1099 (N.M. Ct. App. 1996).
· cites it 2× “See NMSA 1978, § 48-8-2 (Repl.Pamp.1995). This procedure obviously saves the hospital some attorney’s fees that would be incurred in suing the patient, although it is quite possible that the patient would ultimately have to pay those fees to the hospital anyway (perhaps pursuant…”
N.M. Stat. § 48-8-2(A): 1 case
Sw. Cmty. Health Servs. v. Safeco Ins., 775 P.2d 1287 (N.M. 1989).
“NMSA 1978, § 48-8-2. With respect to the issue of attorney’s fees, the statute reads, in pertinent part as follows: Every hospital located within the state * * * is entitled to assert a lien upon that part of the judgment, settlement or compromise going, or belonging to such…”
N.M. Stat. § 48-8-2(C): 1 case
Sw. Cmty. Health Servs. v. Safeco Ins., 775 P.2d 1287 (N.M. 1989).
“NMSA 1978, § 48-8-2. With respect to the issue of attorney’s fees, the statute reads, in pertinent part as follows: Every hospital located within the state * * * is entitled to assert a lien upon that part of the judgment, settlement or compromise going, or belonging to such…”
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.