An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1938 |
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Law Number | 374 |
Subjects |
Law Body
Chap. 374.—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, as heretofore
amended, so as to make such lien applicable to personal representatives in
certain cases. [H B 514]
Approved March 31, 1938
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 reason-
able charges for caring for persons injured in accidents, the giving
of notice of such lien, the effect thereof and to provide for the adju-
dication of the claims made by hospitals against persons injured in
accidents, approved March twenty-fourth, nineteen hundred and thirty-
two, as heretofore amended, 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
registered 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 or of his
personal representatives, against the person, firm or corporation whose
negligence is alleged to have caused such injuries, unless the injured
person his personal representatives or members of his family, 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 the attorney
or attorneys of such injured person or of his personal representatives
for professional services for representing such injured person or his
personal representatives 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.
Provided, however, that in cases of personal injuries resulting in
death and settlement therefor by compromise or suit under the pro-
visions of Sections fifty-seven hundred and eighty-six—fifty-seven
hundred and ninety, inclusive of the Code, the liens herein provided
for may be asserted against the recovery, or against the general estate
of the decedent, but not both. If asserted against the recovery and
paid, such liens shall attach pro rata to the amounts received respec-
tively by such beneficiaries as are designated to receive the moneys
distributed and in their respective amounts; and such beneficiaries,
or the personal representative for their benefit, shall be subrogated to
the liens against the estate of such decedent provided for by Section
fiftv-three hundred and ninety of the Code.
Section 2. No such lien shall be created or become effective it
favor of any such hospital, physician or nurse unless and until ;
written notice setting forth the name of the hospital, physician o1
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, shal
have been served upon or given to the person, firm or corporatior
whose negligence is alleged to have caused such injuries or to the attor-
ney for the injured party. Such notice when served upon or giver
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
or his personal representatives 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 negligence 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 or his personal
representatives, nor as imposing liability on anyone who has not re-
ceived notice as required herein unless liability is imposed by a court
as provided in 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
or his personal representatives, question the reasonableness of the
charges made therefor, he may file, in the court that would have juris-
diction 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
nay file such petition in the court having jurisdiction were the claim
asserted against the injured party or his personal representatives, 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 or his per-
sonal representatives, the hospital, physician or nurse may, in lieu of
sroceeding according to sections two and three of this act, file in
he court wherein such suit is pending a petition to enforce the lien
riven hereunder, which petition shall be heard and disposed of in a
summary way.