430.230. Hospitals to have liens--when, against whom. - Missouri Statutes

Hospitals to have liens--when, against whom.

430.230. Every public hospital or clinic, and everyprivately maintained hospital, clinic or other institution forthe care of the sick, which is supported in whole or in part bycharity, located within the state of Missouri, or any suchhospital duly incorporated under the laws of Missouri providingfor the incorporation of eleemosynary institutions, shall have alien upon any and all claims, counterclaims, demands, suits, orrights of action of any person admitted to any hospital, clinicor other institution and receiving treatment, care or maintenancetherein for any cause including any personal injury sustained bysuch person as the result of the negligence or wrongful act ofanother, which such injured person may have, assert or maintainagainst the person or persons causing such injury for damages onaccount of such injury, for the cost of such services, computedat reasonable rates not to exceed twenty-five dollars per day andthe reasonable cost of necessary X-ray, laboratory, operatingroom and medication service, as such hospital, clinic, or otherinstitution shall render such injured person on account of hisconditions; provided further, that the lien herein set forthshall not be applied or considered valid against anyone comingunder the workers' compensation law in this state.

(L. 1941 p. 371 § 1, A.L. 1971 H.B. 552)

(1989) Because a wrongful death settlement is for the use and benefit of those who sue or are entitled to sue and because wrongful death is not a claim or cause of action brought on the part of the injured person, a hospital lien does not attach the settlement of a wrongful death claim. American Family Mutual Insurance Company v. Ward, 774 S.W.2d 135 (Mo.banc).