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Nonhospital Medical Lien Valid Preceding 30 Days and Prospectively

Posted by Ted A. Schmidt | Oct 19, 2015 | 0 Comments

Premier Physicians Group, PLLC v. Navarro, 722 Ariz. Adv. Rep. 17 (App. Div. I, October 1, 2015) ()J. Norris)


Premier treated a third party for injuries sustained in a car accident with Navarro. On September 16, 2011, Premier recorded a health care lien for the cost of the services it had rendered to the third party. On March 28, 2013, Navarro's automobile insurance carrier settled the third party's injury claim and paid the settlement sum to the third party. When Navarro's insurer settled the claim with the third party it did not satisfy the lien.  The trial court ruled the lien was filed untimely. The Arizona Court of Appeals vacated and remanded.

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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