---
title: O.C.G.A. § 51-1-35. When negotiating or obtaining statement from injured adverse party prohibited; effect of prohibited settlement in court action.
collection: code
id: 51-1-35
cite_as: O.C.G.A. § 51-1-35 (2025)
canonical_url: https://georgiacommons.org/code/51-1-35
md_url: https://georgiacommons.org/code/51-1-35.md
text_url: https://georgiacommons.org/code/51-1-35/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-2017-pdf.pdf?sfvrsn=6b891965_0#page=204
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/51-1.md
previous: https://georgiacommons.org/code/51-1-34.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: TORTS / GENERAL PROVISIONS
---

# O.C.G.A. § 51-1-35. When negotiating or obtaining statement from injured adverse party prohibited; effect of prohibited settlement in court action.

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

(2) Obtain or attempt to obtain a general release of liability from the injured patient; or

(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.

(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.

(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.

## History

Ga. L. 1976, p. 202, § 1.