O.C.G.A. § 51-1-35 (2019)
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.)
Annotations
JUDICIAL DECISIONS Claims adjuster violated this section. - A claims adjuster, even absent a fiduciary relationship, may not induce a claimant by trick, artifice, or misrepresen-
tation to sign a general release while the claimant is under a disability which deprives the claimant of the capacity to read, reason, or investigate for oneself. Cravey
v. Johnson, 229 Ga. App. 130, 493 S.E.2d 536 (1997).
Cited in Hardigree v. McMichael, 181 Ga. App. 583, 353 S.E.2d 78 (1987).
RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, §§ 1642 et seq., 1791 et seq. C.J.S. - 46A C.J.S., Insurance, § 1872 et seq. ALR. - Judgment against or settlement by person responsible for a personal injury as affecting his liability on account of improper medical or surgical treatment of injured person, 29 ALR 1313. Release by, or judgment in favor of, person injured as barring action for his death, 39 ALR 579. Avoidance of release of claims for personal injuries on ground of mistake or fraud relative to the extent or nature of injuries, 48 ALR 1462; 71 ALR2d 82. Retention of consideration paid under release in settlement of claim as ratification, 76 ALR 344. Representation by insurer’s agent as to nonliability as fraud avoiding release, 96 ALR 1001. Release by insured after accident or disability which ultimately results in his death as affecting right of beneficiary in respect of indemnity under accident policy or life policy with accident or disability feature, 115 ALR 425. Avoidance of release of claim for personal injuries on ground of mistake or fraud respecting the nature of the claim covered, 164 ALR 402. Avoidance of release of claim for personal injuries on ground of misrepresentation as to matters of law by tortfeasor of his representative insurer, 21 ALR2d 272. Constitutionality, construction, and effect of legislation forbidding or limiting the use, as evidence, of statement secured from an injured person, 22 ALR2d 1269.
Admissibility of evidence of unperformed compromise agreement, 26 ALR2d 858. Collision insurance: insured’s release of tort-feasor before settlement by insurer as releasing insurer from liability, 38 ALR2d 1095. Right to jury trial on issue of validity of release, 43 ALR2d 786. Avoidance of release of personal injury claims on ground of fraud or mistake as to the extent or nature of injuries, 71 ALR2d 82. Appealability of order vacating, or refusing to vacate, approval of settlement of infant’s tort claim, 77 ALR2d 801. Settlement with or release of person directly liable for injury or death as releasing liability under civil damage act, 78 ALR2d 998. Release of (or covenant not to sue) master or principal as affecting liability of servant or agent for tort, or vice versa, 92 ALR2d 533. Validity of release from civil liability where release is executed by person while incarcerated, 86 ALR3d 1230. Validity of release of prospective right to wrongful death action, 92 ALR3d 1232. Modern status of rules as to avoidance of release of personal injury claim on ground of mistake as to nature and extent of injuries, 13 ALR4th 686. Release of, or covenant not to sue, one primarily liable for tort, but expressly reserving rights against one secondarily liable, as bar to recovery against latter, 24 ALR4th 547.