Bill 92 (Legislature 9, Session 1)

L9 S1 7901

Alberta — Bills

Bill No. 92 of 1941. A BILL TO PROVIDE FOR LIENS IN FAVOUR OF HOSPITALS UPON DAMAGES RECOVERED IN ACTIONS FOR PERSONAL INJURIES NOTE. The object of this Bill is to give approved hospitals a lien on damages recovered by a patient in an action for personal injuries resulting in him getting hospital treat ment. Usually the amount of the hospital account is re covered as part of the damages but in many cases the hos pitals are not paid. The Bill also gives the hospital a lien on any other amounts accruing to the injured person from any other source as a result of the accident.

To preserve the lien, the hospital must notify the defendant in the action or other person interested within ten days of the discharge of the patient. If the lien is not satisfied the hospital may recover by action the amount of its claim from the persons responsible to the injured person. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 92 of 1941.

An Act to Provide for Liens in Favour of Hospitals upon Damages Recovered in Actions for Personal Injuries. (Assented to , 1941.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Hospital Lien Act." 2.

Every corporation or unincorporated body or associa tion operating in the Provin,ce an approved hospital within the meaning of The Hospitals Act, which furnishes hospital care and treatment to a person who has been injured in an accident and requires such hospital care and treatment as a result of such injuries, and who may be entitled to recover damages against some other person on account of such injuries, shall have a lien or charge for the amount owing to such hospital for such care and treatment upon the amount of any damages which may be awarded in an action to such injured person or upon any amount which may be agreed upon as payable as damages to such person for said injuries by the person liable or admitted to be liable for same and also upon any claim accruing to such injured person on account of such injuries. 3.

Said lien or charge shall remain in full force and effect until the discharge of such injured person from the hospital or his death in the hospital and thereafter until the final disposition of any action for damages by such person or his personal representative, or the settlement of any such action or of the ,claim for damages and until the claim of the hospital has been settled; Provided, however, that such lien shall cease to be bind ing upon any person unless the Board or governing body of the hospital notifies 'Such person in writing by prepaid registered mail, or by personal service of its claim to such lien and the amount thereof mailed or served within ten days after the discharge of such injured person from the hospital, or his death in the hospital. 4.

No release of such cause of action or of any judgment thereon, or of any claim accruing to sU,ch injured person on account of such injuries shall be valid or effectual as against such lien unless the hospital shall join therein or 2 execute a release of such lien and the hospital may enforce such lien by an action for the amount of its claim against the person liable for the damages hereinbefore referred to or for any other claim accruing to the person injured, but the amount so recoverable shall not exceed the amount of the damage or other claim accruing to the person injured. 5.

Said charge or lien shall have priority over any other lien, charge or assignment affecting said damages or claim or any judgment with respect to the same except a solici tor's lien, if any, for costs arising out of the said claim or action. 6. This Act shall come into force on the day upon which it is assented to. FIRST SESSION NINTH LEGISLATURE 5 GEORGE VI 1941 BILL

An Act to Provide for Liens in Favour of Hospitals upon Dam ages Recovered in Actions for Personal Injuries. Received and read the First time ..................................... . Second time .................................... . Third time ................................... . HON. DR. CROSS. EDMONTON: A. Shnttlm, King's Printer 1941 Title: 1941 (9th, 1st) Bill 92,

An Act to Provide for Liens in Favour of Hospitals upon Damages Recovered in Actions for Personal Injuries

Document details

Collection	Alberta — Bills
Citation	L9 S1 7901
Type	bill
Volume / chapter	L9 S1 7901
Language	en
Format	json
Source	PROVINCIAL
Identifier	04e504136f66b3a71dbac1fa889145fc350e96d1

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