Sec. 55.002. LIEN. (a) A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.
(b) The lien extends to both the admitting hospital and a hospital to which the individual is transferred for treatment of the same injury.
(c) An emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services in a county with a population of 800,000 or less for injuries caused by an accident that is attributed to the negligence of another person. For the lien to attach, the individual must receive the emergency medical services not later than 72 hours after the accident.
Acts 1983, 68th Leg., p. 3562, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 2003, 78th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 576 (H.B. 3337), Sec. 1, eff. September 1, 2011.
Notes of Decisions
Madeksho v. Abraham, Watkins, Nichols & Friend, 112 S.W.3d 679 (Tex. App. 2003).
· cites it 2× “To secure a lien, a hospital must file written notice of the lien with the clerk of the county in which the injury occurred and such notice must be on file before money is paid to the entitled person.”
Gusma Props., L.P. v. Travelers Lloyds Ins. Co., 514 S.W.3d 319 (Tex. App. 2016).
“Travelers also correctly notes that McAllen Hospitals was not seeking prompt payment penalties as the Gusma parties do here; rather, the McAllen Hospitals court evaluated the intersection between the Texas UCC and the Hospital Lien Statute, Texas Property Code section 55.002.…”
Allstate Indem. Co. v. Mem'l Herman Health Sys., 437 S.W.3d 570 (Tex. App. 2014).
“See Tex. Prop.Code § 55.002(a). The lien is for the amount of the hospital’s charges for services provided to the injured individual during the first 100 days of the injured individual’s hospitalization, and it may also include the amount of a physician’s reasonable and…”
Tex. Prop. Code § 55.002(a): 20 cases
Tex. Prop. Code § 55.002(c): 1 case
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.