Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Hampshire law, a physician’s lien secures payment for medical services provided to an injured party and attaches automatically to any settlement, judgment, or award. RSA 508:21 grants physicians a lien on the proceeds of a personal injury claim. You can read the statute here: RSA 508:21.
To enforce a lien, the provider must record a written notice with the county registry of deeds where the action is pending. Once valid, you must address that lien before distributing any net settlement proceeds. You can often negotiate the lien amount to maximize your recovery. Common strategies include:
- Requesting an itemized billing statement and a formal lien statement.
- Comparing billed rates to Medicare/Medicaid or usual and customary fees in New Hampshire.
- Highlighting potential delays, legal fees, and collection costs if the provider enforces the full lien.
- Offering prompt, lump-sum payment of a reduced amount—providers often accept discounts between 30% and 50% to avoid protracted enforcement.
- Getting any agreement to reduce or release the lien in writing before finalizing the settlement.
Hospital liens follow a similar process under RSA 508:22 (RSA 508:22). Coordinating negotiations with all medical providers—physicians, hospitals, therapists—can increase your net recovery. An attorney familiar with New Hampshire lien law can streamline these negotiations, prepare releases, and ensure you distribute funds properly to avoid post-settlement claims.
Helpful Hints
- Document all medical expenses, treatment dates, and insurance payments from day one.
- Obtain written lien statements and itemized bills from each provider early in your case.
- Use published fee schedules (e.g., Medicare) to support requests for reasonable reductions.
- Secure written releases from lienholders specifying the reduced amount before disbursing any settlement funds.
- Coordinate with your attorney to handle multiple liens and ensure compliance with all statutory requirements.
- Review your settlement documents carefully to confirm that lien obligations are satisfied in full.