Schroeder v. Memorial Medical Center

OPINION

FRANCHINI, Chief Justice.

1. In this case we are asked again to address the question whether a public hospital, which files a lien under NMSA 1978, §§ 48-8-1 to-7 (1961, as amended 1995) (the Hospital Lien Act), is hable for attorney fees and costs incurred by a patient in pursuing personal injury claims. We recently held that a public hospital will not be liable for fees and costs. Eaton, Martinez & Hart, P.C. v. University of New Mexico Hosp., 1997 NMSC 015, 123 N.M. 76, 934 P.2d 270. We take this opportunity to affirm and expand our holding in Eaton, to address somewhat different…