Chap. 287.—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. [H B 196]

Approved March 24, 1932

Be it enacted by the general assembly of Virginia as follows:

1. Whenever any person sustains personal injuries caused by the
alleged negligence of another and receives treatment in any hospital,
public or private, in this State, such hospital shall have a lien for its
just and reasonable charges not exceeding two hundred dollars, but
not for medical attention rendered by physicians, on the claim of such
injured person against the person, firm or corporation whose negli-
gence 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 in-
jured person’s attorney or attorneys for professional services for rep-
resenting 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 hospital charges, shall be subrogated
to the lien of such hospital. ~

2. No such lien shall be created or effective in favor of any such
hospital unless and until a written notice setting forth the name of the
hospital, 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 negligence 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 to such hospital for its just and
reasonable charges to the extent of the amount paid to or received by
such injured party, not exceeding two hundred dollars, exclusive of
attorney’s fees. Nothing herein contained shall be construed as im-
posing liability on any person, firm or corporation whose negligence
is alleged to have caused injuries to the person so receiving hospital
treatment 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,
and no judgment obtained in favor of such injured party, or on any-
one who has not received notice as required by the foregoing, unless
liability is imposed by a court as provided in section four hereof.

3. Should the person who received treatment in any such hospital
question the reasonableness of the charges made by any such hospital,
he may file, in the court that would have jurisdiction of such claim,
were the same asserted against him by the hospital, setting forth the
facts and the court shall hear and dispose of the same in a summary
way after five days notice to such hospital; and also in such case the
hospital 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. _

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