Lien-Basis Medical Treatment in Personal Injury Cases: Avoiding Ethical, Legal and Settlement Obstacles

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, April 18, 2019

Recorded event now available

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Program Materials

This CLE webinar will guide personal injury attorneys on how to navigate lien-basis medical treatment in their cases. The panel will discuss the ethical and legal issues that surround lien-based treatment, in addition to best practices for circumventing settlement and trial obstacles.

Description

Many people injured in accidents require medical treatment, but not all of them can pay for these services through health insurance or out of their own pockets. As an answer to this issue, physicians and other medical care providers may provide their services on a lien basis.

Often, attorneys refer plaintiffs to physicians who work on a lien basis. These physicians are typically experienced in personal injury claims and understand that their medical reports may eventually be evidence.

On the other hand, doctors who are willing to be involved in the litigation process tend to gain a reputation of being plaintiff-oriented, and their credibility may be an issue at trial. For this reason, plaintiff attorneys must understand the full scope of litigation when choosing to send their client for treatment on a lien basis. They must also be able to educate their client on avoiding pitfalls that may affect the outcome of their case.

Medical liens may also become an obstacle at settlement, although plaintiff's attorneys generally have some amount of leverage over lien negotiations with the medical provider. Attorneys should make their clients aware that they will not have the same negotiating power once a settlement is final.

Listen as our distinguished panel guides personal injury attorneys on handling lien-basis medical treatment in their cases. The panel will discuss the benefits and pitfalls of lien-basis treatment and best practices for avoiding obstacles that may arise in settlement or at trial.

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Outline

  1. Overview of lien-basis medical treatment and its role in personal injury cases
  2. Benefits and drawbacks of referring clients for lien-basis medical treatment
  3. Avoiding obstacles at settlement and trial
  4. Recent case law on lien-basis medical treatment
  5. Best practices for plaintiff's attorneys in case management and client education

Benefits

The panel will review these and other relevant topics:

  • How is lien-basis medical treatment used in personal injury cases?
  • What are the benefits and drawbacks of lien-basis medical treatment?
  • How can lien-basis treatment affect settlement and trial?
  • How do judges view lien-basis medical treatment in personal injury cases?

Faculty

Kasieta, Robert
Robert J. Kasieta

Founder and Managing Member
Kasieta Legal Group

Mr. Kasieta focuses his practice on civil litigation. He has represented clients in auto accident cases, workplace...  |  Read More

Price, Benjamin
Ben Price

Partner
Jarrett & Price

Mr. Price is a Georgia native and a graduate of Georgia State University College of Law. His primary practice area is...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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