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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 42, § 42-46: Physician's lien

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Where this section sits in the code
  1. OK Code
  2. Title 42

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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