OLSZEWSKI v. SCRIPPSHEALTH

No. D034197.

107 Cal.Rptr.2d 187 (2001)

88 Cal.App.4th 1268

Cimmaron OLSZEWSKI, A Minor, etc., Plaintiff and Appellant, v. SCRIPPSHEALTH et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied June 7, 2001.

Review Granted August 29, 2001.


Attorney(s) appearing for the Case

Chavez & Gertler, Mark A. Chavez, Kim E. Card, San Francisco; Blumenthal, Ostroff & Markham, Sheldon A. Ostroff, David R. Markham, San Diego; Law Offices of Thomas J. Brandi and Thomas J. Brandi, San Francisco, for Plaintiff and Appellant.

Manjusha P. Kulkarni, for National Health Law Program as Amicus Curiae on behalf of Plaintiff and Appellant.

Friestad & Giles and Deborah Giles, San Diego, for Defendant and Respondent ScrippsHealth.

Gary M. Orlansky, for Defendant and Respondent Medical Liability Recoveries, Inc.

Stream & Stream, Theodore K. Stream, Jamie E. Wrage, Riverside, and Tera Harden, for Loma Linda University Medical Center, Inc. as Amicus Curiae on behalf of Defendants and Respondents.

Manatt, Phelps & Phillips, Barry S. Landsberg, Harvey L. Rochman and Wendy M. Conole, Los Angeles, for Catholic Healthcare West as Amicus Curiae on behalf of Defendants and Respondents.


McDONALD, J.

When a person eligible for Medi-Cal benefits (the patient) is injured by a third party, receives treatment by a health care provider (the provider) under the Medi-Cal program, and thereafter sues the third party for damages, Welfare and Institutions Code section 14124.7911 permits the provider to impose a lien on the patient's recovery from the third party to recoup the actual value of its services. Defendants ScrippsHealth...

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