Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
What Is a Physician’s Lien in Connecticut?
Under Connecticut General Statutes §52-249, a hospital or medical provider who treats an injured person with known third-party liability may assert a lien for the reasonable value of care provided. While the statute primarily addresses hospitals, physicians often assign their billing rights from the hospital or contract directly via a letter of protection to secure payment from any settlement or judgment in your personal injury case.
Can You Negotiate Physician’s Liens?
Yes. Although the statute entitles the provider to “reasonable charges,” Connecticut courts recognize that providers may reduce liens in exchange for prompt or guaranteed payment. Common negotiation strategies include:
- Requesting an itemized statement to verify each line-item charge.
- Comparing provider charges against usual and customary rates in Connecticut.
- Offering a lump-sum payment or percentage of your gross recovery in full satisfaction.
- Highlighting the risk and cost to the provider of litigating or enforcing the lien.
If a provider refuses to negotiate, you can move the court for a determination of reasonableness under §52-249. Courts may consider expert testimony or industry billing standards to adjust the lien to a fair amount.
Steps to Maximize Your Net Recovery
- Gather all billing records, treatment summaries, and lien documentation.
- Analyze charges against Connecticut’s health care cost guidelines or published fee schedules.
- Engage a personal injury attorney early to leverage legal processes and court-supervised reduction under CGS §52-249.
- Document all communications, offers, and provider responses in writing.
- If negotiations stall, file a motion in your personal injury action seeking a hearing on lien reasonableness under the statute (CGS §52-249).
Key Statute
Connecticut General Statutes §52-249: https://www.cga.ct.gov/current/pub/chap_902.htm#sec_52-249
Helpful Hints
- Review your health insurance policy for coordination of benefits.
- Ask the provider for a formal write-off or reduced‐balance agreement.
- Maintain accurate records of all medical treatments and expenses.
- Consider mediation or arbitration for lien disputes if negotiations fail.
- Consult a personal injury attorney experienced in Connecticut lien litigation to guide you through court filings or settlement negotiations.