As part of our chiropractic practice management program, we have always insisted that patients sign a lien form from your office when they are being represented by an attorney on a personal injury case. It is most important to have the patient sign the lien and then send a copy of that to the attorney. Our policy is that the attorney did not need to sign and return it to your office to make it enforceable under Wisconsin Law.
However, a recent Supreme Court decision in Wisconsin has changed this. There are now a couple of additional steps to take to make sure that your lien will hold up in Wisconsin.
In the recent case of Yorgan v. Durkin, the Wisconsin Supreme Court has decided that the enforceability of your lien is questionable unless both the attorney and the patient have signed it. According to Attorney Dan Riegleman, we need to take the following additional steps:
“1. The most (and most obvious) option is to ensure that a patient’s attorney signs the lien form. Office staff should be encouraged to regularly follow up with the attorney to ensure that the form is signed. …
“2. If the attorney adamantly refuses to sign a written lien form, a chiropractor should seek a “Letter of Protection.” A letter of protection is a written document, typically provided by the attorney, which assures or otherwise promises a chiropractor that all of a portion of a patients bills will eventually paid when the case is settled ….”
You may find a copy of our new lien form at this link on our web site. Link
If you would like a copy of Attorney Riegleman’s newsletter, Chiropractic Law, just call his office at (262) 246-4606 and ask him to add your name.
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