It is safe to assume that virtually all settlements include a requirement that a proper release be executed. Thus, as pointed out by the Court of Appeals, the term ‘’settlement”, for all practical purposes, has been rendered meaningless by the Supreme Court’s decision. However, for medical providers asserting liens, the result is quite favorable.
As an interesting footnote, Justice Nahmias, joined by Justices Hunstein and Blackwell, in a concurring opinion, agreed with the concurring opinion of Judge Boggs, who expressed concern about OCGA 44-14-473(a) not requiring notice be given to a lienholder of a settlement. This, among other issues to be addressed in later blogs, should and needs to be addressed by the Legislature.