Do I have to pay my medical bills from my settlement?

April 20, 2009
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Generally, yes.

The Oklahoma law on issue (42 OS 43):
The Hospital Lien applies to the amount recovered "whether by judgment or by settlement or compromise..." The amount is limited to the "reasonable and necessary" charges. 

The lien can't be enforced on Uninsured Motorists benefits however.  See: Kratz v. Kratz, 1995 OK 63.  The Court noted that 42 OS 43 "Hospital Liens in Personal Injury Cases" and reasoned that a "personal injury" means a claim against a third part or their insurer.

42 OS 44 requires a notice of the lien to be filed in the office of the county clerk in the county in which the hospital is located.  The notice must include:
  1. Itemized statement of amount;
  2. Name and address of injure patient;
  3. Date of accident;
  4. Name and location of hospital; and
  5. Name of alleged liable party