Lien-Basis Medical Treatment in Personal Injury Cases: Avoiding Ethical, Legal and Settlement Obstacles

Description

Many people injured in accidents require medical treatment, but not all of them can pay for these services through health insurance or out of their own pockets. As an answer to this issue, physicians and other medical care providers may provide their services on a lien basis.

Often, attorneys refer plaintiffs to physicians who work on a lien basis. These physicians are typically experienced in personal injury claims and understand that their medical reports may eventually be evidence.

On the other hand, doctors who are willing to be involved in the litigation process tend to gain a reputation of being plaintiff-oriented, and their credibility may be an issue at trial. For this reason, plaintiff attorneys must understand the full scope of litigation when choosing to send their client for treatment on a lien basis. They must also be able to educate their client on avoiding pitfalls that may affect the outcome of their case.

Medical liens may also become an obstacle at settlement, although plaintiff's attorneys generally have some amount of leverage over lien negotiations with the medical provider. Attorneys should make their clients aware that they will not have the same negotiating power once a settlement is final.

Listen as our distinguished panel guides personal injury attorneys on handling lien-basis medical treatment in their cases. The panel will discuss the benefits and pitfalls of lien-basis treatment and best practices for avoiding obstacles that may arise in settlement or at trial.