If you are injured by the negligence of a third party, your medical care and treatment may be subject to a medical lien. When properly filed, a medical lien may protect a doctor, hospital, therapist, or other health care provider to ensure the provider gets paid for their services. The medical lien is a security on the personal injury claim and is not against the injured party.
The medical care provider lien can extend to personal injury cases involving automobile accidents, pedestrian accidents, motorcycle accidents, slip and falls, on the job injuries, as well as intentional and/or criminal acts.
Some liens are created by statute. For example, Arizona Revised Statute §33-931 provides certain health care providers with a statutory lien. Others include a voluntary lien, which is where the injured party voluntarily signs a lien agreeing to pay the health care provider out of the third party settlement.
A health care provider lien filed pursuant to A.R.S. §33-931 is enforceable, assuming all the statutory requirements are met, including timely filing and proper notice to the injured party. Not all health care provider liens can be filed pursuant to A.R.S. §33-931.
A.R.S. §33-932 provides the necessary requirements to perfect a lien under A.R.S. §33-931, including the lien being recorded within thirty (30) days after the patient has received any services.
