Disclaimer: This article provides general information, not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
What Is a Physician’s Lien in Missouri?
In Missouri, a physician’s lien is a claim against any personal injury recovery to secure payment for medical treatment. Although Missouri’s Medical and Hospital Lien Act (Mo. Rev. Stat. § 304.170–.190) governs hospital liens (Mo. Rev. Stat. ch. 304), physicians most often use written contracts or equitable liens recognized by courts.
Are Physician’s Liens Negotiable?
Yes. Because physician liens typically derive from contract or equity rather than a fixed statutory formula, you and your attorney can negotiate the billed amounts. Courts reviewing statutory hospital liens can reduce them to a reasonable sum under Mo. Rev. Stat. § 304.180(5) (Mo. Rev. Stat. § 304.180(5)). By analogy, physicians often agree to accept a percentage of the settlement or a flat discounted rate.
Key Steps to Negotiate Your Lien
1. Review the Lien Documentation: Ensure the lien lists all services, dates, and amounts owed.
2. Analyze Reasonableness: Compare billed charges to usual and customary rates in Missouri.
3. Communicate Early: Have your personal injury attorney reach out to the physician’s billing office before settlement negotiations conclude.
4. Propose a Discount: Suggest a fair reduction (often 30–50%) to expedite resolution.
5. Get It in Writing: Secure a written lien release or reduction agreement that states the new payment terms.
Illustrative Scenario
Jane Doe suffers injuries in a Missouri car crash. Her physician files a lien for $8,000. Jane’s attorney compares local rates and negotiates a 40% reduction. The physician agrees to accept $4,800. After settlement, Jane’s net recovery increases by $3,200.
Helpful Hints
- Hire a personal injury lawyer familiar with Missouri lien law.
- Request an itemized bill to identify any duplicate or unnecessary charges.
- Evaluate whether a court petition to reduce a hospital lien under Mo. Rev. Stat. § 304.180(5) could support your negotiation.
- Keep detailed records of all communications with medical providers.
- Confirm all lien reductions in writing before finalizing your settlement.