Addressing medical liens in cases of personal injury in Missouri

An important aspect of dealing with personal injury claims and maximizing the economic benefits of customers is negotiating and resolving medical liens. Usually, people who suffer personal injury due to the fault of another person are not insured. At other times, the injured person may purchase insurance, but the insurance has a large deductible or insufficient coverage. Either way, the injured person may face huge medical and medical expenses very early before the injury.

This suffering can be extremely difficult, especially with the absence of personal injury lawyers. In addition to dealing with the pain and suffering of the injury itself, claimants may also face the problem of lost wages and increasing medical costs. The reality is that health care providers want to get paid and are not sympathetic to the plight of the injured. Indeed, providers typically hire a collection company to recover their bills within a few months of processing [of course, this may affect a person's credit]. Moreover, some providers, usually chiropractors, may even ask patients to sign a document that is intended to transfer the right to provide funding for future personal injury compensation to the provider.

In Missouri, the transfer of personal injury claims is invalid. According to recent circumstances from

Hugh v. Dba Meek Chiropractor Gary Meek from

 [Mo. App. SD 2013] The Court of Appeal announced that the “approval lien” of the chiropractor was invalid because it violated Missouri’s public policy regarding the transfer of personal injury claims. Therefore, without the help of a personal injury lawyer who does not understand the law, the injured person can pay a bill that is not legally required to pay.

In addition, Missouri has a medical lien statute, Section 430.225 of the Missouri Amendment Regulations. According to this regulation, if the lien of such medical practitioners, hospitals, clinics or other institutions exceeds 50% of the amount of patients receivable, each medical practitioner, hospital, clinic or other person who informs his medical lien The organization shall share 50% of the net income payable to the patient, calculated as the proportion of the total amount of all other liens of the health care practitioner, hospital, clinic or other institution attributable to each claim. The term "net income" as used in this section refers to the amount remaining after payment of contractual attorney fees [if any] and other recovery fees.

This means that the aggrieved party will never have to pay more than 50% of the net income for the claim [and all providers only have the right to pay the total bill proportionally]. For example, suppose an aggrieved party hires a personal injury attorney at a 1/3 contingent fee. He wants to settle the $15,000 [$15,000.00] claim, but has a total medical cost of $10,000 [$10,000.00]. Based on this situation, the medical provider is only entitled to $5,000 [$5,000.00], assuming no fees. This situation leads to one-third of lawyers, one-third of providers, and one-third of injured customers. Therefore, without this regulation, the injured party will usually receive zero compensation.