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MCG Health Inc. v. Kight

The absence of a debt owed to the hospital under a contract with the patient's insurer could not be construed as a waiver or preclusion of the hospital's lien rights.

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MCG Health, Inc. appeals from the trial court’s ruling on summary judgment that the hospital lien it filed pursuant to OCGA § 44-14-470 et seq. for hospital care furnished to Christopher Kight was void, and from the award of attorney fees and expenses of litigation to Kight pursuant to OCGA § 13-6-11. For the following reasons, we reverse.

MCG Health the Hospital operates a hospital under the name MCG Medical Center. On March 21, 2007, the Hospital filed a lien pursuant to OCGA § 44-14-470 et seq. for hospital care furnished to Kight from February 4 to February 20, 2007, for hospital charges in the amount of $36,177.68. It is undisputed that the hospital care was furnished to Kight for injuries he sustained in an automobile accident in which Kight was a passenger in a car driven by an allegedly intoxicated driver the tortfeasor, and that the Hospital furnished the care pursuant to a contract with Kight’s managed health care insurer, Blue Cross/Blue Shield Blue Cross.

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