Printable Format60-2801. Settlement or release of liability; limitations; disavowal of agreement. (a) Within 14 days of the date of the occurrence causing injury to any person, who either is under the care of a person licensed to practice the healing arts, or is confined to a hospital or sanitarium as a patient, no person whose interest is or may become adverse to the injured person shall:
(1) Negotiate or attempt to negotiate a settlement with the injured patient; or
(2) obtain or attempt to obtain a general release of liability from the injured patient.
(b) Any settlement agreement entered into, any general release of liability or any written statement made by any person who is under the care of a person licensed to practice the healing arts or is confined in a hospital or sanitarium after he or she incurs a personal injury, which is not obtained in accordance with the provisions of K.S.A. 60-2802, and amendments thereto, may be disavowed by the injured person within 14 days after discharge from the care of any person licensed to practice the healing arts or after release from the hospital or sanitarium, whichever occurs first, and such statement, release or settlement shall not be received in evidence in any court action relating to the injury.
History: L. 1972, ch. 236, § 1; L. 2010, ch. 135, § 185; July 1.
CASE ANNOTATIONS
1. Settlement or release obtained in contravention of subsection (a) is void. Traylor v. Wachter, 3 K.A.2d 536, 543, 544, 545, 546, 548, 549, 550, 598 P.2d 1061.
2. Cited; obtaining an oral release does not give rise to a separate cause of action. Traylor v. Wachter, 227 K. 221, 229, 230, 607 P.2d 1094.
3. Dismissal of action under 60-237(d) not proper sanction for mere inability to permit discovery. Locke v. Kansas Fire & Cas. Co., 8 K.A.2d 678, 679, 665 P.2d 776 (1983).
4. Cited; validity of release where employee receiving alcoholism treatment unrelated to employment upheld. Rickman v. Cone Mills Corp., 659 F.Supp. 412, 416 (1987); reversed, 893 F.2d 1340 (1989).