Oklahoma § 42-43 - Hospital liens in personal injury cases - Priority Exception

§ 42-43. Hospital liens in personal injury cases - Priority Exception

A. Every hospital in this state, which shall furnish emergency

medical or other service to any patient injured by reason of an

accident not covered by the Workers' Compensation Code, shall, if

such injured party shall assert or maintain a claim against another

for damages on account of such injuries, have a lien upon any

recovery or sum had or collected or to be collected by such patient,

or by his or her heirs, personal representatives or next of kin in

the case of his or her death, whether by judgment or by settlement

or compromise to the amount of the reasonable and necessary charges

of such hospital for the treatment, care and maintenance of such

patient in such hospital up to the date of payment of such damages.

Provided, however, the lien shall be inferior to any lien or claim

of any attorney or attorneys for handling the claim on behalf of

such patient, his or her heirs or personal representatives;

provided, further, that the lien herein set forth shall not be

applied or considered valid against any claim for amounts due under

the Workers' Compensation Code in this state.

B. In addition to the lien provided for in subsection A of this

section, every hospital in this state, which shall furnish emergency

medical or other service to any patient injured by reason of an

accident not covered by the Workers' Compensation Code, shall have,

if the injured person asserts or maintains a claim against an

insurer, a lien for the amount due for the emergency medical or

other service upon any monies payable by the insurer to the injured

person. Provided, however, the lien shall be inferior to any lien

or claim of any attorney or attorneys for handling the claim on

behalf of such patient, his or her heirs or personal

representatives; provided, further, that the lien herein set forth

shall not be applied or considered valid against any claim for

amounts due under the Workers' Compensation Code in this state.

Oklahoma Statutes - Title 42. Liens

C. This section shall apply, in medically referred cases, to a

medical diagnostic imaging facility not affiliated with a hospital

that provides diagnostic imaging that includes, but is not limited

to, modalities such as Magnetic Resonance Imaging (MRI), Computed

Tomography (CT) and Positron Emission Tomography (PET).

Added by Laws 1969, c. 231, § 1, emerg. eff. April 21, 1969.

Amended by Laws 2008, c. 190, § 1, eff. Nov. 1, 2008; Laws 2012, c.

146, § 1, eff. Nov. 1, 2012.