How do I file a physician's lien in Indiana?

Full question:

I would like to get information on how to file a physicians lien in Indiana. I was told that Indiana does not have physicians lien? Please advise.

• Category: Judgment Liens
• Date: 04/07/2025
• State: Indiana

Answer:

In Indiana, physicians can create a lien with their patients through a Physician/Doctor Lien agreement. This agreement is typically a simple document that states the physician has a lien on any settlement, claim, judgment, or verdict resulting from the patient's injury or illness. The patient acknowledges the debt and understands that payment is not dependent on the outcome of their personal injury case. Both the patient and their attorney must sign the agreement, and it may be filed with the court handling the personal injury case.

However, using a Physician/Doctor Lien may not always be the best option for physicians when trying to collect overdue bills. Physicians still have the right to pursue immediate payment from the patient and can refer accounts to collection agencies or take legal action if necessary. This is particularly important for patients who are 'judgment proof,' meaning they may not have the financial means to pay due to their injury or unemployment. In such cases, traditional collection methods may fail.

Additionally, a physician may face challenges if the patient has insurance. Insurers can refuse to pay for services rendered, and some, like Medicare, may even demand repayment for past services. In these situations, a Physician/Doctor Lien might be the only way for a physician to collect outstanding debts.

Overall, a Physician/Doctor Lien ensures that if the patient receives compensation from their personal injury case, the physician will be entitled to a portion of those proceeds.