Truman Medical Centers v John McKay
Deember5 20, 2016
The defendant is an attorney who represented a client in an auto case and negotiated a settlement. The hospital, Truman Medical Centers, claims the attorney is liable for paying the medical bill of about $2700 because he was aware of the lien and chose to ignore it.
The court affirmed a dismissal against the attorney.
Section 430.250 provides a one year suit against any person
making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 430.240,
"We disagree that Section 430.250 encompasses attorneys who accept payment on behalf of their injured client and then forward that payment to the client. We find that, while Section 430.250 uses the terminology "any person," Section 430.250 requires that for liability to attach, notice of the claimed lien must have been received pursuant to Section 430.240. Section 430.240 requires notice be sent to the "person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received." Therefore, "any person" in Section 430.250 is limited to the "person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received." An attorney representing an injured client is not liable to that injured client for the injuries sustained as a result of someone ."