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Lien Based Medical Treatment: Blowing the Roof off of Economic Damage Awards

Wednesday, September 19, 2018
2:00-3:00 p.m. ET (1 p.m. CT, Noon MT, 11 a.m. PT)

The webinar is FREE for MPL Association members. Click here to access the webinar on-demand.

Sponsored by:


In response to court rulings that have shattered their hopes of using "phantom damages" (in some states) to artificially escalate economic damage awards, personal injury lawyers are turning to a new tactic: lien-based medical care. Under this concept, healthcare providers offer to treat patients in exchange for receiving part of a potential damage award from pending litigation. The provider then charges an exorbitant fee, far in excess of what they would usually receive, and the patient forgoes the use of their health insurance (which would have compensated the provider at a fraction of the cost). When the claim gets to court, the attorney then uses the lien-based fee to seek much higher damages than of what would have been possible had the patient used their health insurance.

A recent ruling in California (Pebley v. Santa Clara Organics, LLC) paved the way for this practice to flourish by denying the defense the opportunity to provide evidence that the plaintiff could have received much less expensive treatment simply by using his insurance. To this end, the MPL Association recently joined an amicus letter asking the California Supreme Court to consider how Pebley conflicted with its previous decision (Howell v. Hamilton Meats) allowing evidence of the difference between amounts billed for care and amounts actually accepted as payment.

What are the near- and long-term impacts of plaintiff's use of medical liens on medical professional liability insurers? In this webinar, you will hear from experts on what this could mean for the claims that your organization may face in the future.

Rich Montes, an architect of the amicus letter to combat the Pebley decision and an authority on the subject, will present the legal aspects involved with the use of medial liens and the submission of them as a representation of medical costs. He will discuss the case law associated with lien based medical treatment and help MPL carriers understand the crucial legal issues associated with this growing practice.

In addition, he will discuss the increased role of litigation funding companies and its impact on lien based medical care.

In addition, a claims expert from an MPL Association member company will discuss the key claims management aspects of the plaintiff's use of medical liens and why your policyholders need to be educated about this trend.

The webinar will be moderated by MPL Association Vice President of Government Relations & Public Policy Michael C. Stinson, JM.

Don't miss this very important and informative webinar on what defendants need to know and be aware of to potentially prevent or combat plaintiffs' exorbitant liens at trial.



Richard J. Montes
Partner, Mauro Lilling Naparty LLP


  Michael C. Stinson, JM
Vice President of Government Relations & Public Policy, MPL Association