Chap. 220.—An ACT to amend and re-enact an act entitled an act to create a
lien in favor of hospitals for its reasonable charges for caring for persons
injured in accidents, the giving of notice of such lien, the effect thereof and
to provide for the adjudication of the claims made by hospitals against
persons injured in accidents, approved March 24, 1932, so as to include
doctors and registered nurses within the provisions of the said act. [H B 234]

Approved March 23, 1936

1. Be it enacted by the General Assembly of Virginia, That an act
entitled an act to create a lien in favor of hospitals for its reasonable
charges for caring for persons injured in accidents, the giving of
notice of such lien, the effect thereof and to provide for the adjudica-
tion of the claims made by hospitals against persons injured in acci-
dents, approved March twenty-fourth, nineteen hundred and thirty-two,
be amended and re-enacted so as to read as follows:

Section 1. Whenever any person sustains personal injuries caused
by the alleged negligence of another and receives treatment in any
hospital, public or private, or receives medical attention or treatment
from any physician, or receives nursing service or care from any regis-
tered nurse in this State, such hospital, physician or nurse shall each
have a lien for the amount of a just and reasonable charge for the
service rendered, but not exceeding two hundred dollars in the case
of a hospital, fifty dollars for all physicians and fifty dollars in the
case of all nurses, on the claim of such injured person against the
person, firm or corporation whose negligence is alleged to have caused
such injuries, unless the injured person is paid under the provisions
of the Workmen’s Compensation Act, but such lien shall be of inferior
dignity to the claim or lien of such injured person's attorney or at-
torneys for professional services for representing such injured person
in his claim or suit for damages for such personal injuries. Any
municipal corporation or any person, firm or corporation who may
pay such charges, shall be subrogated to the lien provided for by
this act.

Section 2. No such lien shall be created or become effective in
favor of any such hospital, physician or nurse unless and until a written
notice setting forth the name of the hospital, physician or nurse, as the
case may be, the name of the injured person, and the date and place
such person is alleged to have sustained injuries, shall have been
served upon or given to the person, firm or corporation whose negli-
gence is alleged to have caused such injuries or to the attorney for
the injured party. Such notice when served upon or given to either
shall have the effect of making such party liable for the reasonable
charges for the services rendered the injured person to the extent
of the amount paid to or received by such injured party exclusive of
attorney’s fees, but not in excess of the maximum amounts prescribed
in section one of this act. Nothing herein contained shall be construed
as imposing liability on any person, firm or corporation whose negli-
gence is alleged to have caused injuries to the person so receiving such
services or on the attorney for the injured party where no settlement
is made, or, in case of an attorney, where no funds come into his hands,
or where no judgment is obtained in favor of such injured party, nor
as imposing liability on anyone who has not received notice as_ re-
quired herein unless liability is imposed by a court as provided i
section four hereof.

Section 3. Should the person who received treatment in any such
hospital, or services at the hands of any such physician or nurse,
question the reasonableness of the charges made therefor, he may file,
in the court that would have jurisdiction of such claim were the same
asserted against him by such hospital, physician or nurse, a petition
setting forth the facts and the court shall hear and dispose of the same
in a summary way after five days’ notice to such claimant; and also
in such case the claimant may file such petition in the court having
jurisdiction were the claim asserted against the injured party, and |
after five days’ notice the court shall hear and dispose of same in
a summary way.

Section 4. If suit be instituted by such injured person, the hospital,
physician or nurse may, in lieu of proceeding according to sections two
and three of this act, file in the court wherein such suit is pending a
petition to enforce the lien given hereunder, which petition shall be
heard and disposed of in a summary way.