HOSPITAL LIEN APPLIES ONLY TO JUDGMENT, NOT SETTLEMENT
In Mares v. Baughman (2001) 01 CDOS 8527, the Fourth
Appellate District held that a county hospital may not enforce its lien to
recover for the hospital services provided after the patient has recovered a
settlement from the tortfeasor responsible for his injuries, because
Government Code section 23004.1 applies only to judgments, not settlements.
As a result of this case, county hospitals must
institute legal actions against the tortfeasor or the patient to recover for
hospital services provided if the patient settles with the tortfeasor for
personal injuries sustained. County hospital liens are enforceable only
against judgments obtained by the patient against the tortfeasor.
