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3394 REVIEW GRANTED If the charges a hospital agreed to accept as payment in full from a patient's insurance plan have been paid, the hospital is not entitled to file a lien on the patient's recovery against a third party; but if the patient belongs to an insurance plan that does not have contracts establishing the amount that the hospital would accept as payment in full, the hospital may file a lien for the difference between the reasonable value of its services and what it received; the litigation privilege applies to liens filed by hospitals in litigation, so while a declaratory judgment may be maintained for the unjustified filing of a lien, an action for damages may not.CitationMCMEANS v SCRIPPS HEALTH (Hospital Liens) 100 CA4 507 [See: CivC 3045.1 etseq, 47; Hanif v Housing 200 CA3 635; Nishihama v City 93 CA4 298, T/AT 12/01; Swanson v St John's 97 CA4 245, T/AT 5/02; Auto Equity v Superior Court 57 C2 450]
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