Detailed Answer
In New Mexico, licensed medical providers may file a lien on your personal injury recovery for reasonable medical expenses under NMSA 1978 Sec. 48-2-4. This lien attaches to your settlement or court award, ensuring providers get paid before you receive net proceeds.
You can negotiate your physician’s lien amount to maximize your net recovery by following these steps:
- Obtain an itemized statement. Request a detailed bill listing each treatment, code and charge.
- Challenge unreasonableness. Under NMSA 1978 Sec. 48-2-1, liens may not exceed the “reasonable value” of services. Compare charges to New Mexico Medicaid or Medicare fee schedules as benchmarks.
- Propose a lump-sum payment. Many providers accept a discounted payoff if paid quickly and in full.
- Use your attorney’s leverage. A personal injury lawyer experienced with liens can negotiate reductions based on customary rates and billing errors.
- Petition the court if needed. If negotiations stall, file a motion in district court to reduce or extinguish a lien that is excessive or improperly filed.
Key deadlines: Providers must file their lien within 90 days after the date of your last discharge from treatment (Sec. 48-2-5). Confirm proper filing and service to avoid unexpected lien claims at settlement.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney in New Mexico to discuss the specifics of your case.
Helpful Hints
- Gather all medical and billing records early and review line by line.
- Research New Mexico Medicaid/Medicare rates to support negotiations.
- Ask providers about self-pay discounts or sliding-scale options.
- Have your attorney verify and clear all liens before settlement.
- Consider mediation or court motion if you cannot reach a reduced amount.
- Keep thorough records of all communications with providers and insurers.