2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 71 - General Provisions
7101 - Settlements and other agreements with hospitalized persons.

                                 PART VII
                      CIVIL ACTIONS AND PROCEEDINGS

     Chapter
       71.  General Provisions
       73.  Arbitration
       75.  Commencement of Actions
       77.  Trial
       79.  Post-trial Matters
       81.  Judgments and Other Liens
       83.  Particular Rights and Immunities
       85.  Matters Affecting Government Units

        Enactment.  Part VII was added July 9, 1976, P.L.586, No.142,
     effective 60 days from the date of final enactment of the act of
     April 28, 1978 (P.L.202, No.53).

                                CHAPTER 71
                            GENERAL PROVISIONS

     Sec.
     7101.  Settlements and other agreements with hospitalized
            persons.
     7102.  Comparative negligence.
     7103.  Interpreters for the deaf (Deleted by amendment).

        Enactment.  Chapter 71 was added July 9, 1976, P.L.586,
     No.142, effective 60 days from the date of final enactment of
     the act of April 28, 1978 (P.L.202, No.53).
     § 7101.  Settlements and other agreements with hospitalized
                persons.
        (a)  General rule.--
            (1)  No person whose interest is or may become adverse to
        a person injured who is confined to a hospital or sanitarium
        as a patient shall, within 15 days after the date of the
        occurrence causing the injury to such patient:
                (i)  Negotiate or attempt to negotiate a settlement
            with such patient.
                (ii)  Obtain or attempt to obtain a general release
            of liability from such patient.
                (iii)  Obtain or attempt to obtain any statement,
            either written or oral, from such patient for use in
            negotiating a settlement or obtaining a release.
            (2)  Any settlement agreement entered into, any general
        release of liability or any written or oral statement made by
        any person who is confined in a hospital or sanitarium after
        he incurs a personal injury, which is not obtained in
        accordance with the provisions of subsection (b) shall not be
        admissible in evidence in any matter relating to the injury
        and shall not be utilized for any purpose in any matter in
        connection therewith.
            (3)  Where a person is injured and confined as a patient
        to a hospital or sanitarium due to such injuries, no attorney
        shall, during the first 15 days of the confinement of such
        patient, enter or attempt to enter into an agreement relating
        to compensation wholly or partly on a contingent basis with
        such patient in connection with his injuries.
        (b)  Exception.--Subsection (a) shall not apply if at least
     five days prior to obtaining the settlement, release, statement
     or contingent fee agreement, the injured person has signified in
     writing, by a statement acknowledged before a notary public who
     has no interest adverse to the injured person, his willingness
     that a settlement, release, statement or contingent fee
     agreement be given or entered into.