Is it legal for a medical provider to place a lien on a PI case even though the patient has insurance?

Asked over 1 year ago - Lake Wales, FL

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My Brother lives in Florida, His lawyer had him sign Medical liens to providers but his insurance his insurance already paid the claims, This seems unfair that they get paid twice.

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thanks,
My main concern was they were already paid by insurance, then slapped out those liens to get paid again once case was settled??? that is unfair to be TWICE

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Attorney answers (4)

  1. Contributor Level 20

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    Answered September 15, 2011 10:25. Many doctors require that the liens be executed in order to assure their ultimate payment and it helps gain their cooperation with the attorney and the patient in pursuing their liability claim. However, a medical provider is not entitled to be paid twice. For example, if the Dr. is a member of an HM0 or has a contractual relationship with a large insurer such as Blue Cross Blue Shield, the Dr. is limited to the amount of the agreed payment between him and the insurance carrier or HMO.


    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  2. Contributor Level 20

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    Answered September 15, 2011 05:42. Liens, liens, liens . . . the refrain we lawyers here day in and day out. Lawyers are toll collectors, generally for free, for government, hospitals, etc.

    Yes, it is common practice for liens to be signed, with or without insurance. Contact the attorney and ask him/her to explain in this particular case.

    Hope this helps.

  3. Pro

    Contributor Level 20

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    Answered September 15, 2011 09:17. Liens are common for personal injury cases unfortunately.

    Click on name or picture to see profile page.
  4. Pro

    Contributor Level 16

    Answered September 15, 2011 08:08. I agree with the other attorney. Yes, it is common practice to sign a lien with or without insurance.

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