If suit is instituted by an injured person or his personal representative against the person, firm, or corporation allegedly causing the person's injuries, a hospital, nursing home, physician, nurse, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation, in lieu of proceeding according to §§ 8.01-66.5 to 8.01-66.7, may file in the court wherein such suit is pending a petition to enforce the lien provided for in § 8.01-66.2 or 8.01-66.9. Such petition shall be heard and disposed of in a summary way.
§ 8.01-66.8.Petition to enforce lien.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 2015 · Last verified July 16, 2026
In one sentenceSection 8.01-66.8 lets a hospital, nursing home, physician, nurse, or emergency medical services agency, once suit is filed by the injured person, file a petition in that same suit to enforce its lien under § 8.01-66.2 or § 8.01-66.9, instead of proceeding under §§ 8.01-66.5 through 8.01-66.7, with the petition heard and disposed of summarily.
Full Text of § 8.01-66.8
Plain-English Summary
Section 8.01-66.8 offers lienholders a shortcut when litigation over the underlying injury is already underway. If the injured person or personal representative has already filed suit against the party allegedly responsible for the injuries, a hospital, nursing home, physician, nurse, or emergency medical services agency may, instead of following the notice-and-dispute procedure in §§ 8.01-66.5 through 8.01-66.7, file a petition directly in the court where that suit is pending, seeking to enforce the lien created by § 8.01-66.2 or § 8.01-66.9.
Like the reasonableness disputes under § 8.01-66.7, this petition is heard and disposed of in a summary way, letting the lien question ride along with the pending litigation rather than spawning a separate proceeding.
Frequently Asked Questions
Can a hospital enforce its lien within my existing injury lawsuit?
Yes. Section 8.01-66.8 lets a hospital, nursing home, physician, nurse, or emergency medical services agency file a petition to enforce its lien directly in the court where the injured person’s suit is already pending.
Does the provider have to use the notice procedure in § 8.01-66.5 instead?
No. This section is an alternative: the provider may proceed by petition under this section in lieu of following the notice-and-dispute process in §§ 8.01-66.5 through 8.01-66.7.
Which liens can be enforced through this petition process?
Is this petition resolved quickly, or does it require a full separate trial?
The statute directs that the petition be heard and disposed of in a summary way, similar to the streamlined process used for reasonableness disputes under § 8.01-66.7.
Does this section apply if the injured person has not yet filed suit?
No. It applies specifically when suit has already been instituted by the injured person or personal representative against the party allegedly causing the injuries.
Amendment History
Code 1950, § 32-146; 1979, c. 722; 1980, c. 623; 2003, cc. 455, 525; 2015, cc. 502, 503.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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