Legal Opinion · Dissent

PTS Healthcare, Inc. v. Mid-Century Insurance Co.

Court of Civil Appeals of Oklahoma

Decided September 26, 2007No. 104,034Published

1DissentRapp, C.J.

4[ 1 I dissent.

2 Title 59 0.8.2001, § 725.2 concerns who is permitted to use the term "doctor" when performing the healing arts. The statute is clearly a provision for protection of the public and has no application to persons with doctoral degrees in other professions. Thus, I would not extend Section 725.2 to limit the class of those who can claim a lien under 42 ©.9.2001, § 46.

1 3 Moreover, the Majority's narrow definition of "physicians" overlooks historical applications of the lien statute. As the Majority observes, PTS was previously allowed to assert a Section 46 lien without challenge…

2Cases cited2 opinions

  1. Broadway Clinic v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 2006
  2. Richard v. OU PHYSICIANSCourt of Civil Appeals of Oklahoma · 2005

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