Insurance: Medical Lien Statutes-Lien Against Insurance/Tort Recovery

Plaintiff was injured in a car crash and sought treatment from defendant. The parties entered a UCC lien in which plaintiff granted defendant a security interest in any proceeds plaintiff would receive from insurance or a tortfeasor. Plaintiff further purported to waive any statute that limited or reduced the proceeds. Defendant appealed from the amount of the lien due, as set by the trial court.

Where the state medical lien statutes enveloped other law and served as a medical provider’s exclusive remedy against a patient’s insurance or tort recovery, the trial court did not err in applying the statutes to defendant’s lien despite plaintiff’s purported waiver of those statutes.

Judgment is affirmed.

Ford v. Skaggs Chiropractic LLC (MLW No. 74570/Case No. SD36080 – 8 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Jasper County, Dankelson, J. (David Frederick Barrett,  Jefferson City, appellant) (Shelly Christine Dreyer, Joplin, for respondent)