Printable Format60-2802. Same; applicability of act. The provisions of this act relating to settlements, releases and statements obtained from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if such patient is released from a hospital or sanitarium or released by a person licensed to practice the healing arts, within 14 days of the date of the occurrence causing injury, or if at least seven days prior to obtaining the settlement, release or statement, the injured party has signified in writing the injured party's willingness that a settlement, release or statement be given.
History: L. 1972, ch. 236, § 2; L. 2010, ch. 135, § 186; July 1.
CASE ANNOTATIONS
1. Settlement or release obtained in contravention of subsection (a) of K.S.A. 60-2801 is void. Traylor v. Wachter, 3 Kan. App. 2d 536, 544, 545, 546, 549, 598 P.2d 1061.
2. 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).