Harlow v. Lloyd

Brazil, J.:

St. Joseph Medical Center (St. Joseph) appeals from the trial court’s finding that Helen Harlow’s attorney was entitled to 25% of the $5,000 hospital lien filed against Harlow for medical services after Harlow received a settlement of $35,000 for her injuries. We remand with directions.

St. Joseph argues K.S.A. 65-406 does not allow for a hospital lien to be subject to attorney fees in favor of the patient’s attorney. It claims the language creates a priority allowing the patient’s attorney to recover his fee before payment of the hospital lien. Harlow responds that the lien cannot…