{"data":{"id":"us-ok/okla.-stat.-tit.-42-42-46","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 42, § 42-46","heading":"Physician's lien","body":"A. Every physician who performs medical services or any other\n\nprofessional person who engages in the healing arts, within their\n\nscope of practice pursuant to Title 59 of the Oklahoma Statutes for\n\nany person injured as a result of the negligence or act of another,\n\nshall, if the injured person asserts or maintains a claim against\n\nsuch other person for damages on account of such injuries, have a\n\nlien for the amount due for such medical or healing arts services\n\nupon that part going or belonging to the injured person of any\n\nrecovery or sum had or collected or to be collected by the injured\n\nperson, or by the heirs, personal representative, or next of kin of\n\nthe injured person in the event of his death, whether by judgment,\n\nsettlement, or compromise. Such lien shall be inferior to any lien\n\nor claim of any attorney handling the claim for or on behalf of the\n\ninjured person. The lien shall not be applied or considered valid\n\nagainst any claim for amounts due pursuant to the provisions of\n\nTitle 85A of the Oklahoma Statutes.\n\nB. In addition to the lien provided for in subsection A of this\n\nsection, every physician or professional person licensed under Title\n\n59 of the Oklahoma Statutes who performs medical or healing arts\n\nwithin their scope of practice for any person injured as a result of\n\nthe negligence or act of another, shall have, if the injured person\n\nasserts or maintains a claim against an insurer, a lien for the\n\namount due for such medical or healing arts services upon any monies\n\npayable by the insurer to the injured person.\n\nC. No lien which is provided for in this section shall be\n\neffective unless, before the payment of any monies to the injured\n\nperson, the attorney for the injured person, or legal representative\n\nas compensation for such injuries or death:\n\n1. A written notice is sent setting forth a statement of the\n\namount claimed, identifying the insurance policy or policies against\n\nwhich the lien is asserted, if any, and containing the name and\n\naddress of the physician or professional person licensed under Title\n\n59 of the Oklahoma Statutes claiming the lien, the injured person,\n\nand the person, firm, or corporation against whom the claim is made,\n\nis filed on the mechanic's and materialman's lien docket in the\n\noffice of the county clerk of the county where the principal office\n\nof the physician or professional person licensed under Title 59 of\n\nthe Oklahoma Statutes is located; and\n\n2. The physician or professional person licensed under Title 59\n\nof the Oklahoma Statutes sends, by registered or certified mail,\n\npostage prepaid, a copy of such notice with a statement of the date\n\nof filing thereof to the person, firm, or corporation against whom\n\nthe claim is made and to the injured person. The physician or\n\nprofessional person licensed under Title 59 of the Oklahoma Statutes\n\nshall also send a copy of the notice to the attorney for the injured\n\nperson, if the name and address of such attorney is known to the\n\nphysician or professional person licensed under Title 59 of the\n\nOklahoma Statutes.\n\nD. The liens provided for in this section may be enforced by\n\ncivil action in the district court of the county where the lien was\n\nfiled. Such an action shall be brought within one (1) year after\n\nthe physician or professional person licensed under Title 59 of the\n\nOklahoma Statutes becomes aware of final judgment, settlement or\n\ncompromise of the claim asserted or maintained by or on behalf of\n\nthe injured person. The practice, pleading, and proceedings in the\n\naction shall conform to the rules prescribed by the Oklahoma\n\nPleading Code to the extent applicable.","path":["OK Code","Title 42"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os42.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a1aa72509ed73eb4eb22cf0fa2640e21b44706c51d848c39713a4a8fb11eef58","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-42-42-45","next":"us-ok/okla.-stat.-tit.-42-42-47"},"notice":"GroundRules: Original legal text. Not legal advice."}