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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 1. GENERAL PROVISIONS

51-1-35. When negotiating or obtaining statement from injured adverse party prohibited; effect of prohibited settlement in court action.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No person whose interest is or may become adverse to an injured person who is confined to a hospital or health care center as a patient shall, within 15 days from the date of the occurrence causing the person’s injury:#

    1. (1)

      Negotiate or attempt to negotiate a settlement with the injured patient;#

    2. (2)

      Obtain or attempt to obtain a general release of liability from the injured patient; or#

    3. (3)

      Obtain or attempt to obtain any statement, either written or oral from the injured patient, for use in negotiating a settlement or obtaining a release.#

  2. (b)

    Any settlement agreement entered into or any general release of liability made by any person who is confined in a hospital or health care center after he incurs a personal injury which is obtained contrary to the provisions of subsection (a) of this Code section shall not be admitted as evidence in any court action relating to the injury and shall not be utilized for any purpose in any legal action in connection therewith.#

  3. (c)

    Nothing in this Code section is intended to preclude an interested party from visiting an injured party while confined as a patient to a hospital or health care center for purposes of expressing concern for the injured or determining the extent of injuries incurred.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1976, p. 202, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 204; merge action: carried; file SHA-256 bc30a40687b2.