A. Every physician who performs medical services or any other professional person who engages in the healing arts, within their scope of practice pursuant to Title 59 of the Oklahoma Statutes for any person injured as a result of the negligence or act of another, shall, if the injured person asserts or maintains a claim against such other person for damages on account of such injuries, have a lien for the amount due for such medical or healing arts services upon that part going or belonging to the injured person of any recovery or sum had or collected or to be collected by the injured person, or by the heirs, personal representative, or next of kin of the injured person in the event of his death, whether by judgment, settlement, or compromise. Such lien shall be inferior to any lien
or claim of any attorney handling the claim for or on behalf of the injured person. The lien shall not be applied or considered valid against any claim for amounts due pursuant to the provisions of Title 85A of the Oklahoma Statutes. B. In addition to the lien provided for in subsection A of this section, every physician or professional person licensed under Title 59 of the Oklahoma Statutes who performs medical or healing arts within their scope of practice for any person injured as a result of the negligence or act of another, shall have, if the injured person asserts or maintains a claim against an insurer, a lien for the amount due for such medical or healing arts services upon any monies payable by the insurer to the injured person. C. No lien which is provided for in this section shall be effective unless, before the payment of any monies to the injured person, the attorney for the injured person, or legal representative as compensation for such injuries or death: 1. A written notice is sent setting forth a statement of the amount claimed, identifying the insurance policy or policies against which the lien is asserted, if any, and containing the name and address of the physician or professional person licensed under Title 59 of the Oklahoma Statutes claiming the lien, the injured person, and the person, firm, or corporation against whom the claim is made, is filed on the mechanic's and materialman's lien docket in the office of the county clerk of the county where the principal office of the physician or professional person licensed under Title 59 of the Oklahoma Statutes is located; and 2. The physician or professional person licensed under Title 59 of the Oklahoma Statutes sends, by registered or certified mail, postage prepaid, a copy of such notice with a statement of the date of filing thereof to the person, firm, or corporation against whom the claim is made and to the injured person. The physician or professional person licensed under Title 59 of the Oklahoma Statutes shall also send a copy of the notice to the attorney for the injured person, if the name and address of such attorney is known to the physician or professional person licensed under Title 59 of the Oklahoma Statutes. D. The liens provided for in this section may be enforced by civil action in the district court of the county where the lien was filed. Such an action shall be brought within one (1) year after the physician or professional person licensed under Title 59 of the Oklahoma Statutes becomes aware of final judgment, settlement or compromise of the claim asserted or maintained by or on behalf of the injured person. The practice, pleading, and proceedings in the action shall conform to the rules prescribed by the Oklahoma Pleading Code to the extent applicable.
Added by Laws 1985, c. 136, § 3, eff. Nov. 1, 1985. Amended by Laws 1994, c. 202, § 2, eff. Sept. 1, 1994; Laws 2008, c. 190, § 2, eff. Nov. 1, 2008; Laws 2018, c. 195, § 2, emerg. eff. May 3, 2018.
Notes of Decisions
Broadway Clinic v. Liberty Mut. Ins. Co., 2006 OK 29 (Okla. 2006).
· cites it 12× “After providing Johnson with accident-related medical treatment, the Broadway Clinic (Clinic or plaintiff) filed (in the office of the Oklahoma County Clerk) a 42 O.S.2001 § 46 lien [2] [called a § 46 physician's lien] against any payment Johnson might receive for her injuries…”
Balfour v. Nelson, 890 P.2d 916 (Okla. 1994).
· cites it 7× “Pursuant to 42 O.S.Supp. 1985 § 46, Dr. Balfour filed various lien statements covering her services to appellees.”
Holbrook v. Country Mut. Ins. (In Re Burnett), 447 B.R. 634 (Bankr. W.D. Okla. 2011).
· cites it 11× “Specifically, Trustee seeks to avoid certain “transfers” of property of the estate made after the Petition Date in the form of liens filed of record by defendants OSH, IPM, and Remondino in accordance with Okla. Stat. Ann. tit. 42, § 46 (Supp.2011), 4 and *640 claims made by…”
Yorgan v. Durkin, 2006 WI 60 (Wis. 2006).
· cites it 2× “Some states, unlike Wisconsin, have statutory lien provisions that cover a relatively broad class of health care providers in relation to services provided for personal injury claimants.”
Richard v. Ou Physicians, 2005 OK CIV APP 108 (Okla. Civ. App. 2005).
· cites it 4× “¶ 6 The physician's liens claimed by OU Physicians and PTS Healthcare are not authorized by § 43, but by 42 O.S.2001 § 46. [4] Section 46(A) contains essentially identical provisions for the benefit of physicians who provide medical services as those in § 43 which benefit…”
Hudson v. Fisher, 2010 OK CIV APP 69 (Okla. Civ. App. 2010).
· cites it 3× “NOTES [1] In the first proposition, Plaintiff argues that, by force of 42 O.S. § 46, Willis's claim for attorney's fees is superior to the lien claim of any of Plaintiff's medical providers, and, in the seventh proposition, Plaintiff argues that MRI Specialists never proved the…”
Malloy v. St. John Med. Ctr. (In Re Woodward), 234 B.R. 519 (Bankr. N.D. Okla 1999).
· cites it 4× “That Court defined the issue before it as follows: The sole issue presented is whether a doctor, who filed a physician’s lien statement against the personal injury settlement proceeds of her patient pursuant *528 to 42 O.S.1991 § 46 but did not seek to enforce it within one…”
Balfour v. Jacobs, 867 P.2d 1364 (Okla. Civ. App. 1993).
· cites it 2× “Doctor alleged she filed a physicians lien pursuant to 42 O.S.1991 § 46; it was properly perfected; Farmers was Jacobs’ liability insurance carrier; and, she was entitled to foreclose her hen against Appellees.”
Accident Care & Treatment Ctr. v. Csaa Gen. Ins. Co., 2021 OK CIV APP 3 (Okla. Civ. App. 2020).
· cites it 7× “" ¶8 Accident Care argues that under Oklahoma decisional law interpreting 42 O.S. 2011 § 46(B), CSAA was required to include it as payee on the $950 check made payable solely to its patient.”
Woods ex rel. Woods v. Baptist Med. Ctr. of Oklahoma, Inc., 890 P.2d 1367 (Okla. Civ. App. 1995).
“We note also Aat Ae physician's lien statute created in 1985 at 42 O.S.1991, § 46, specifically provides that a physician's lien will attach to any monies recovered by an injured person from his or her insurer.”
PTS Healthcare, Inc. v. Mid-Century Ins. Co., 2007 OK CIV APP 100 (Okla. Civ. App. 2007).
· cites it 6× “On April 19, 2004, PTS filed a physician's lien pursuant to 42 O.S.2001 § 46 for the treatment provided Moss in the amount of $1,346.”
— Okla. Stat. tit. 42, § 46(A) — 1 case
PTS Healthcare, Inc. v. Mid-Century Ins. Co., 2007 OK CIV APP 100 (Okla. Civ. App. 2007).
“On April 19, 2004, PTS filed a physician's lien pursuant to 42 O.S.2001 § 46 for the treatment provided Moss in the amount of $1,346.”
— Okla. Stat. tit. 42, § 46(B) — 4 cases
Broadway Clinic v. Liberty Mut. Ins. Co., 2006 OK 29 (Okla. 2006).
“After providing Johnson with accident-related medical treatment, the Broadway Clinic (Clinic or plaintiff) filed (in the office of the Oklahoma County Clerk) a 42 O.S.2001 § 46 lien [2] [called a § 46 physician's lien] against any payment Johnson might receive for her injuries…”
Richard v. Ou Physicians, 2005 OK CIV APP 108 (Okla. Civ. App. 2005).
“¶ 6 The physician's liens claimed by OU Physicians and PTS Healthcare are not authorized by § 43, but by 42 O.S.2001 § 46. [4] Section 46(A) contains essentially identical provisions for the benefit of physicians who provide medical services as those in § 43 which benefit…”
Accident Care & Treatment Ctr. v. Csaa Gen. Ins. Co., 2021 OK CIV APP 3 (Okla. Civ. App. 2020).
“" ¶8 Accident Care argues that under Oklahoma decisional law interpreting 42 O.S. 2011 § 46(B), CSAA was required to include it as payee on the $950 check made payable solely to its patient.”
— Okla. Stat. tit. 42, § 46(C) — 2 cases
Balfour v. Nelson, 890 P.2d 916 (Okla. 1994).
“Pursuant to 42 O.S.Supp. 1985 § 46, Dr. Balfour filed various lien statements covering her services to appellees.”
Accident Care & Treatment Ctr. v. Csaa Gen. Ins. Co., 2021 OK CIV APP 3 (Okla. Civ. App. 2020).
“" ¶8 Accident Care argues that under Oklahoma decisional law interpreting 42 O.S. 2011 § 46(B), CSAA was required to include it as payee on the $950 check made payable solely to its patient.”
— Okla. Stat. tit. 42, § 46(C)(1) — 2 cases
Broadway Clinic v. Liberty Mut. Ins. Co., 2006 OK 29 (Okla. 2006).
“After providing Johnson with accident-related medical treatment, the Broadway Clinic (Clinic or plaintiff) filed (in the office of the Oklahoma County Clerk) a 42 O.S.2001 § 46 lien [2] [called a § 46 physician's lien] against any payment Johnson might receive for her injuries…”
Malloy v. St. John Med. Ctr. (In Re Woodward), 234 B.R. 519 (Bankr. N.D. Okla 1999).
“That Court defined the issue before it as follows: The sole issue presented is whether a doctor, who filed a physician’s lien statement against the personal injury settlement proceeds of her patient pursuant *528 to 42 O.S.1991 § 46 but did not seek to enforce it within one…”
— Okla. Stat. tit. 42, § 46(D) — 2 cases
Balfour v. Nelson, 890 P.2d 916 (Okla. 1994).
“Pursuant to 42 O.S.Supp. 1985 § 46, Dr. Balfour filed various lien statements covering her services to appellees.”
Malloy v. St. John Med. Ctr. (In Re Woodward), 234 B.R. 519 (Bankr. N.D. Okla 1999).
“That Court defined the issue before it as follows: The sole issue presented is whether a doctor, who filed a physician’s lien statement against the personal injury settlement proceeds of her patient pursuant *528 to 42 O.S.1991 § 46 but did not seek to enforce it within one…”
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