Physical and Financial Injuries: The Common Fund Doctrine and Its Application Under the Illinois Health Care Services Lien Act

Under the Illinois Health Care Services Lien Act, hospitals and healthcare providers do not directly contribute to plaintiff attorneys’ fees in cases where they will benefit from a judgment or settlement. Medical liens allow healthcare providers and healthcare professionals to recoup payment for services they have rendered to an injured patient, and under the current scheme in Illinois, healthcare providers are being unjustly enriched by receiving benefits from settlements and litigation that they did not financially contribute to. The use of the Common Fund Doctrine, with healthcare professional and healthcare provider contribution, will prevent this unjust enrichment from occurring