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Non-Hospital Medical Lien Perfected by Recordation Within 30 Days of Services

Posted by Ted A. Schmidt | Aug 26, 2015 | 0 Comments

Premier Physician's Group, PLLC v. Navarro, 718 Ariz. Adv. Rep. 17 (App. Div. I, July 28, 2015) (J. Norris)


A third party was in a car accident involving another vehicle driven by Navarro. The third party received medical treatment from  June 29, 2011 until October 9, 2011, from plaintiff Premier Pain Management. On September 16, 2011 Premier recorded a health care lien for these services.  On March 28, 2013 Navarro's insurance carrier settled the third party claim but Premier received nothing out of the settlement. Premier brought this action to collect the lien.  The trial court dismissed the claim because Premiere had failed to perfect its lien within 30 days of providing “any” services.  The Arizona Court of Appeals vacated and remanded.

The court of appeals stated: Under Arizona Revised Statutes ("A.R.S.") section 33-932 (2014), a health care provider, other than a hospital, may perfect a medical lien if it records the lien "before or within thirty days after the patient has received any services relating to the injuries." We hold this provision allows a non-hospital health care provider to perfect a lien retroactively for any services received by the provider's patient within the 30 days preceding the provider's recording of the lien and prospectively thereafter, assuming the provider complies with all other statutory lien formalities.

About the Author

Ted A. Schmidt

Ted's early career as a trial attorney began on the other side of the fence, in the offices of a major insurance defense firm. It was there that Ted acquired the experience, the skills and the special insight into defense strategy that have served him so well in the field of personal injury law. Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation".


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Schmidt, Sethi & Akmajian

Schmidt, Sethi & Akmajian is one of the most experienced, successful personal injury law firms in the Tucson area. Established in 1995, our firm has a long history of success, as seen in our many victories.