How soon after my treatment must a Georgia hospital file its lien to be valid?

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Georgia sets a firm window for filing a hospital lien, and a statement filed too late does not become a valid lien. Under O.C.G.A. § 44-14-471, a hospital must file its verified lien statement within 75 days after the patient is discharged from the facility. Filing after that period generally defeats the lien.

The 75-day filing window

The statute ties the deadline to discharge. The hospital has 75 days from the date the person is discharged to file the verified statement with the proper superior court clerk. This is a defined, countable period, not an open-ended right to file whenever the hospital chooses, and it exists so that injured people and the parties handling a settlement can know promptly whether a lien is in play.

Because the clock runs from discharge, the date a patient leaves the facility is an important fact. A statement recorded after the 75-day period has run is vulnerable to challenge as untimely, which can prevent the hospital from enforcing the lien against the recovery.

How the deadline fits with the other perfection steps

Timely filing is necessary but not the only requirement. The hospital also has to satisfy the statute’s notice and content rules for the lien to be perfected.

Points to keep in mind:

  • The 75-day period is measured from the patient’s discharge, not from the date of injury or the date of billing.
  • The statement must still contain the required information and be filed in the correct county or counties.
  • Written notice to the patient and the parties claimed to be liable must be sent in advance, by certified mail or statutory overnight delivery.
  • A filing that misses the deadline can render the lien invalid even if the other steps were followed.

The bottom line

A Georgia hospital must file its verified lien statement within 75 days after the patient’s discharge for the lien to be valid. The deadline runs from discharge, and a late filing can defeat the lien even when the hospital otherwise followed the rules. Confirming the discharge date and the filing date is therefore central to assessing whether a hospital lien is enforceable.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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