Woods By and Through Woods v. Baptist Medical Center, Inc.

Date: 01-24-1995

Case Number: 1995 OK CIV APP 13

Judge: Niles Jackson

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney:

Description: Oklahoma City, Oklahoma civil litigation lawyers represented the parties in a physician's lien dispute under 42 O.S. Section 43.

Appellant, Jessica Marguerite Woods (Woods), through her mother Katy Woods, seeks review of the trial court's order which approved the settlement of her claims and rendered judgment against Defendant, Matthew David Brewster (Tortfeasor), for injuries Woods sustained in a car accident while a passenger in Tortfeasor's car. Tortfeasor's insurance company, State Farm Mutual Automobile Insurance Company (Insurer), intervened in this action and as found by the trial court, tendered its policy limit of $20,000.00. Appellee, Baptist Medical Center of Oklahoma, Inc. (Hospital), rendered services to Woods for the injuries she sustained in the accident which totalled $49,629.29. The trial court's order provided Hospital's lien filed pursuant to 42 O.S. 1991 ' 43 , was valid and took priority over Defendant's, Thomas Flescher III, M.D., physician's lien. Hospital was awarded all of the insurance proceeds, less an amount deducted for Woods' attorney fee. Woods appeals.

Tortfeasor was covered by an insurance policy with Insurer for $10,000.00 in liability and $10,000.00 in uninsured motorist (UM) coverage. As a passenger in Tortfeasor's car, Woods was entitled to proceed against the UM coverage. On appeal, Woods preserves three propositions of error for review:

1. Whether a hospital lien arising under the provisions of 42 O.S. 1991 ' 43 may attach to uninsured motorist proceeds;

2. Whether the hospital lien only attaches to the claim of a minor's parent; and

3. Whether Hospital abandoned its lien because of the doctrine of election of remedies.

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Outcome: The hospital lien in question was held to be valid and enforceable.

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Defendant's Experts:

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