Eaton, Martinez & Hart, P.C. v. University of New Mexico Hospital

OPINION

FRANCHINI, Chief Justice.

1. We address whether a public hospital is liable for attorney’s fees and costs incurred by a patient in pursuing personal injury claims, where a hospital holds a lien to be paid from proceeds of a patient’s claim, and where the claim proceeds are sufficient to pay attorney’s fees and costs and the hospital lien in full. We hold that the plaintiffs in these cases are not entitled to deduct from a lien filed by a public hospital a proportionate share of attorney’s fees and costs incurred in obtaining a personal injury recovery to which the lien attaches.

2. Facts…