Detailed Answer
When you’re injured in Mississippi and pursue a personal injury claim, your physician may require a lien or letter of protection (LOP) before providing treatment. Unlike hospitals—whose statutory lien is governed by Mississippi Code §41-29-153 (https://www.mslegislature.gov/legislation/code/41/029/000153.xml)—Mississippi law does not set out a specific statute for physician liens. Instead, doctors rely on contract and equitable lien principles recognized by Mississippi courts.
To be enforceable, a physician’s lien must generally:
- Be documented in writing as a lien or LOP signed by you;
- Cover only reasonable and medically necessary charges;
- Be filed or recorded according to any county recording requirements in your jurisdiction.
After you negotiate a settlement with the at-fault party or insurer, the lien holder must be paid from your recovery. However, you can—and should—seek to reduce the lien amount to maximize your net recovery. Mississippi courts applying the common fund or equitable lien doctrine allow courts to reduce medical liens when they threaten to absorb your entire recovery and leave you with nothing.
Key factors in successful negotiation include:
- Highlighting the risk the physician may not collect if litigation continues;
- Comparing billed charges to Mississippi Medicaid or Medicare reimbursement rates;
- Referencing the statutory cap on hospital liens under §41-29-153;
- Presenting the lien in the context of other medical bills and overall settlement structure.
Providers often agree to discounts of 25–50% of the billed amount. Your attorney typically sends a settlement disbursement statement, proposes a lump-sum payment, and documents why a reduced amount is fair under equitable lien principles.
Helpful Hints
- Secure a written lien or LOP before treatment.
- Request itemized bills with CPT codes to verify charges.
- Compare provider rates to Mississippi Medicaid/Medicare fee schedules.
- Engage an attorney experienced in personal injury and lien negotiations.
- Keep detailed records of all correspondence with the physician.
- Be prepared to mediate or seek court relief if negotiations stall.
Disclaimer: This article provides general information about Mississippi law and does not constitute legal advice. Consult an attorney for guidance specific to your case.