§ 46:9 — Copy of petition to be served on hospital when patients sue for injuries

§9. Copy of petition to be served on hospital when patients sue for injuries
A. Any person who has received in any of the charity hospitals of the state or in a
veterans administration hospital in the state treatment for injuries which might entitle him
to damages or compensation, and who files suit for the recovery of the damages or
compensation, shall cause a copy of the petition to be served on the hospital from which he
received treatment, or on the attorney designated to represent the hospital, at least ten days
before the trial of the suit.
B. No court of this state shall proceed with the trial of any suit involving any claim
referred to in this Section unless a copy of the petition has been served as required or such
service has been waived as provided in Subsection C of this Section.
C. Nothing in this Section shall prevent the plaintiff or his attorney and the attorney
representing the charity hospital or veterans administration hospital from entering into a
written agreement stipulating that in the event of a favorable judgment for the plaintiff, the
bills for services due the hospital shall be paid before all other disbursements of the award.
Such an agreement may be accompanied by a waiver of the service of the petition upon the
hospital otherwise required in Subsection A of this Section.

Legislative History

Amended by Acts 1972, No. 20, §1; Acts 1976, No. 675, §1; Acts 2018, No. 206, §5.