Can Hospitals and Physicians put a Medical Lien on Dog Bite Cases?

Liens are a type of security interest that debtors give to creditors to secure performance or guarantee debts. They extend to debtors' right in some form of right or property. Generally, they are used to give notice to the rest of the world of the creditor's interest in that specific item or obligation. Normally, notice is established through a formalized process known as perfection. Perfection normally requires you to file a description of the interest and parties with the relevant state's Secretary of State office. Importantly, liens can be either voluntary or involuntary. Private parties can contract to exchange rights or courts can award parties rights in another's property.

Illinois passed the Health Care Services Lien Act (770 ILCS 23) in 2003. It applies the concept of liens to the area of medicine. Basically, it gives medical parties a right to a portion of a plaintiff's personal injury case award to the provider if they rendered services. The law distinguishes between healthcare professionals (like doctors) and healthcare providers (like hospitals); however, it does allow any of them to receive more than 40% of the plaintiff's recovery combined. Of course, this would apply to Illinois dog bite or attack cases like they would to any other Illinois personal injury case. Yet, there are many formal requirements to the Act including a sufficient description of the plaintiff's injuries and the healthcare party's services rendered. Thus, it is critical to have experienced counsel carefully scrutinize any lien that your doctor or hospital tries to place on your Illinois dog bite award or settlement.