Teresa K. Richard and Ronald "Skip" Kelly v. OU Physicians, et al.

Date: 12-20-2005

Case Number: 2005 OK CIV APP 108

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney:

Description: Oklahoma City, Oklahoma civil litigation lawyers represented the parties in a medical lien dispute under 42 O.S. Section 46.

Plaintiffs Teresa Richard and her attorney, Ronald "Skip" Kelly, appeal a trial court order which allowed OU Physicians and PTS Healthcare, Inc., to enforce physician's liens against the proceeds of payment she received from her uninsured motorist insurance carrier as a result of an automobile accident. Because we conclude that the unambiguous terms of 42 O.S.2001 § 46(B), the statute governing a physician's lien, provides for such enforcement, we affirm.

Ms. Richard was severely injured in an automobile accident and incurred liability for medical treatment to the various Appellees/Defendants. She retained Attorney Kelly to represent her in a claim against the tortfeasor she contended caused the accident and her injuries. HCA Health Services of Oklahoma, Inc., d/b/a OU Medical Center (OUMC) filed a hospital lien under 42 O.S.2001 § 43, and the remaining Defendants filed physician's liens under § 46(B). Safeco Insurance Company of America, the tortfeasor's liability insurance carrier, paid its policy limits of $25,000 in a check made payable jointly to Plaintiffs (the Safeco proceeds). In addition, State Farm, her uninsured motorist insurance carrier, paid its policy limits of $125,000 (the UM proceeds).

Plaintiffs commenced this action to obtain an order from the court determining how the Safeco proceeds should be distributed, apparently believing that none of the defendants were entitled to any of the UM proceeds. OU Physicians and PTS Healthcare asserted a right to a portion of the UM proceeds. Safeco intervened and was ultimately dismissed. After a hearing, the trial court concluded OUMC should receive all of the Safeco proceeds in satisfaction of its hospital lien, that Kelly's attorney's fee of $50,000 should be paid first from the UM proceeds, with OU Physicians and PTS Healthcare also to receive payment from those same proceeds, and that the balance should be paid to Ms. Richard.1

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Outcome: In addition to the lien provided for in subsection A of this section, every physician who performs medical services 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 services upon any monies payable by the insurer to the injured person. (Emphasis added.)

Plaintiff's Experts:

Defendant's Experts:

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