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Kennestone Hosp. Inc. v. The Travelers Home Marine Ins. Co.

The exception contained in O.C.G.A. § 44-14-471 subsection b permitting enforcement of an invalid hospital lien where there is actual notice does not apply to insurers.

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Appellant Kennestone Hospital, Inc. d/b/a WellStar Kennestone Hospital “Kennestone” brought suit against The Travelers Home and Marine Insurance Company “THM” to enforce its hospital lien for medical treatment and services provided to Wanderson B. Silva following a motor vehicle collision1 with THM’s insured, Deborah M. Chasin. THM moved for summary judgment on the basis that Kennestone failed to comply with the procedure set out in OCGA § 44-14-471 for perfecting a medical services lien, and Kennestone filed a cross-motion for summary judgment, contending that it had in fact satisfied all requirements to perfect its lien, and that, in any event, any defects in perfecting its lien were irrelevant in light of the fact that THM had actual notice of the lien. Following a hearing, the trial court granted summary judgment to THM, and Kennestone filed a timely appeal from that order. As more fully set forth below, we now affirm.

1. We start with the pertinent statutory framework. Pursuant to OCGA § 44-14-470 b, hospitals and other designated medical providers

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