§ 189. Liens of hospitals. 1. Every corporation incorporated under\ngeneral law or special act as a charitable institution maintaining a\nhospital in the state supported in whole or in part by charity, the\nstate university of New York and every county, city, town or village\noperating and maintaining a hospital shall to the extent hereinafter\nprovided have a lien upon any and all rights of action, suits, claims,\ncounterclaims or demands, of any nature whatsoever, of any person\nreceiving emergency treatment or admitted to any such hospital and\nreceiving treatment, care and maintenance therein, on account of any\npersonal injuries received within a period of one week prior to\nreceiving emergency treatment or admission to the hospital and as the\nresult of the negligence, wrongful act or any other tort, of any other\nperson or persons or corporation, which any such injured person or the\nlegal representative of such injured person, in case of death as the\nresult of such injuries, may or shall have, assert or maintain against\nany such other person or corporation for damages on account of such\ninjuries, for the amount of the reasonable charges of such hospital, for\nthe treatment, care and maintenance of such injured person at cost rates\nin such hospital. If such injured person received emergency treatment or\nwas admitted to the hospital on account of personal injuries received\nwithin a week prior to such treatment or admission, the state university\nor any such corporation or such municipal corporation maintaining a\nhospital to which such person may be transferred for subsequent\ntreatment of the same injuries shall also have a lien as provided herein\nalthough such transfer may occur during or after a week from the time\nwhen such injuries were received. No such lien shall be effective,\nhowever, unless a written notice containing the name and address of the\ninjured person, the date of the accident, the name and location of the\nhospital and the name of the person or persons, firm or firms,\ncorporation or corporations alleged to be liable to the injured party\nfor the injuries received, shall prior to the payment of any moneys to\nsuch injured person, his attorneys, or legal representatives as\ncompensation for such injuries be mailed, registered or certified and\npostage prepaid, to the person or persons, firm or firms, corporation or\ncorporations, alleged to be liable to the injured party for the injuries\nsustained prior to the payment to such injured person, his attorneys or\nlegal representatives, as compensation for such injuries. Such hospital\nshall mail a copy of such notice to any insurance carrier which has\ninsured such person, firm or corporation against such liability. Such\nmailing shall be deemed to be effective notwithstanding any inaccuracy\nor omission therein if the information contained therein shall be\nsufficient to enable the person or persons or corporation alleged to be\nliable, by the exercise of reasonable diligence, to identify the injured\nperson, the occurrence upon which the claim for damages is based and the\nname and address of the hospital asserting the lien. Any hospital\nclaiming a lien hereunder shall, in addition to the foregoing, file in\nthe office of the county clerk of the county in which the hospital is\nlocated and mail to the persons and in the manner above provided, after\nthe discharge of any injured person, an additional notice of lien, duly\nverified, which shall show the total hospital charges which have accrued\nand no lien hereunder shall exceed this amount.\n 2. (a) Subject to the provisions of paragraph (b) hereof the lien of\nany such hospital shall attach: (i) To any verdict, decision, decree,\njudgment or final order made or rendered in any suit, action or\nproceeding of any nature whatsoever, brought in any court of this state,\nby such injured person, or the legal representative of such injured\nperson in case of death as the result of such injuries, aga
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.