Justia South Dakota Supreme Court Opinion Summaries

A patient in his mid-thirties, with a history of neurological complaints but no similar recent issues, was hospitalized twice in early April 2018 for severe testicular pain at a regional medical center. During the second admission, he received high doses of opioid medications, with documented warnings about their risks and instructions for monitoring his respiratory function. On the last day of his hospitalization, he exhibited abnormal drowsiness and a low respiratory rate. Shortly after discharge, his wife observed sudden, profound cognitive and behavioral changes, including confusion, speech difficulties, and memory problems. Over the following months, he underwent multiple neurological and psychiatric evaluations, many of which failed to show physiological brain abnormalities. Several providers ultimately diagnosed him with functional neurological (conversion) disorder, while a brain injury rehabilitation center noted a history of hypoxia based on family accounts.The patient and his wife filed a medical malpractice suit against the hospital and a treating physician in the Circuit Court of the Third Judicial Circuit, Beadle County, South Dakota. They alleged negligent overprescription of opioids and inadequate monitoring, resulting in a hypoxic brain injury. The defendants moved to exclude the plaintiffs’ causation expert, arguing that his methods were unreliable under Daubert and state law. The circuit court excluded the expert’s testimony and granted summary judgment for the defendants, reasoning that without expert causation testimony, the plaintiffs could not establish a genuine issue of material fact.On appeal, the Supreme Court of the State of South Dakota reviewed whether the exclusion of the expert’s testimony and the grant of summary judgment were proper. The court held that the circuit court erred by failing to assess the reliability of the expert’s overall differential diagnosis methodology and by excluding all his opinions based solely on certain quantitative tests. The Supreme Court reversed the exclusion of most of the expert’s testimony (except regarding two specific tests) and reversed summary judgment, allowing the case to proceed. View "Walton V. Huron Regional Medical Center" on Justia Law

Jessica Paulsen experienced severe bleeding after giving birth on December 13, 2021, at Avera McKennan Hospital. Dr. Amber Saloum performed a hysterectomy and another surgery on December 14, 2021, to stop the bleeding. Paulsen later claimed she did not consent to the hysterectomy and filed a lawsuit against Avera McKennan, Dr. Saloum, and unnamed parties on December 15, 2023. The defendants moved for summary judgment, arguing that Paulsen's claims were barred by the two-year repose period under SDCL 15-2-14.1.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, granted the defendants' motion for summary judgment, concluding that Paulsen's lawsuit was filed outside the two-year repose period. Paulsen appealed the decision, arguing that the repose period should be calculated as 730 days and that she should have been allowed additional discovery to potentially establish a continuing tort.The Supreme Court of the State of South Dakota reviewed the case de novo. The court held that a "year" is defined as a "calendar year" under SDCL 2-14-2(36), meaning the repose period ends at the exact moment the start date reoccurs on the calendar. Therefore, the two-year repose period began on December 15, 2021, and ended on December 14, 2023. Since Paulsen filed her lawsuit on December 15, 2023, it was one day too late.The court also found that Paulsen's request for additional discovery was speculative and did not demonstrate how further discovery would reveal facts essential to opposing the summary judgment. Consequently, the court affirmed the circuit court's decision to grant summary judgment in favor of the defendants. View "Paulsen v. Mckennan" on Justia Law

A widow, Lori Olson, individually and as the personal representative of her deceased husband Scott Olson's estate, filed a lawsuit against Huron Regional Medical Center (HRMC), Dr. William Miner, and Thomas Miner, a physician’s assistant, alleging negligence, wrongful death, loss of consortium, intentional infliction of emotional distress, civil conspiracy, and fraudulent concealment. Scott Olson died at HRMC in January 2020 under the care of Dr. Miner and Thomas Miner. Lori Olson initiated the lawsuit in September 2021.The Circuit Court of the Third Judicial Circuit in Beadle County, South Dakota, denied Dr. Miner’s motion to dismiss for insufficient service of process but later granted the defendants' motions to dismiss for failure to prosecute. Lori Olson appealed the dismissal, and Dr. Miner filed a notice of review challenging the denial of his motion to dismiss for insufficient service.The Supreme Court of South Dakota reviewed the case and found that there was verifiable record activity within the year prior to the defendants’ motion to dismiss, including efforts to compile medical records and communication between the parties. The court concluded that the Circuit Court erred in dismissing the case under SDCL 15-11-11 for lack of prosecution, as there was sufficient activity to move the case forward. Additionally, the court found that the delays in the case did not rise to the level of egregiousness required for dismissal under Rule 41(b) and that the Circuit Court did not consider less severe sanctions before dismissing the case.The Supreme Court of South Dakota reversed the Circuit Court’s decision to dismiss the case for failure to prosecute and affirmed the denial of Dr. Miner’s motion to dismiss for insufficient service of process, concluding that Dr. Miner was properly served. View "Olson v. Huron Regional Medical Center, Inc." on Justia Law

Lonnie Two Eagle, Sr. was injured when Chad Sully, who was driving and suffered a seizure, collided with him while he was operating a lawn mower. Two Eagle sued Dr. Matthew Smith and the entities Avel eCare, LLC and Moonlighting Solutions, LLC, which contracted with Dr. Smith to provide medical services to Rosebud Indian Health Services Hospital. Two Eagle alleged medical malpractice and ordinary negligence, claiming Dr. Smith was negligent in treating Sully and authorizing him to drive despite his seizure history.The Circuit Court of the Sixth Judicial Circuit, Todd County, South Dakota, granted summary judgment in favor of the defendants, concluding that Dr. Smith owed no duty of care to Two Eagle. The court found that there was no relationship between Dr. Smith and Two Eagle that would give rise to a duty, and that imposing such a duty would contravene public policy.The Supreme Court of the State of South Dakota reviewed the case and affirmed the lower court's decision. The court held that Dr. Smith did not owe a duty to Two Eagle under either a medical malpractice or ordinary negligence theory. The court reasoned that there was no special relationship between Dr. Smith and Sully that would create a duty to Two Eagle, and that the risk of harm to Two Eagle was not foreseeable. Additionally, the court emphasized public policy considerations, noting that imposing a duty on physicians to protect third parties could negatively impact the physician-patient relationship and lead to overly restrictive recommendations by physicians. View "Two Eagle V. Avel Ecare" on Justia Law

In this case brought by a patient who sued her doctor for lack of informed consent, the Supreme Court reversed the decision of the circuit court granting in part Plaintiff's motion to compel the production of medical records of Defendant's non-party patients, holding that the circuit court erred.Plaintiff underwent an anterior spinal surgery with Defendant, a general surgeon, to relieve lower back pain. After Defendant performed a vertical incision rather than Plaintiff's requested horizontal incision Plaintiff brought this action alleging that Defendant performed the vertical incision without Plaintiff's informed consent. At issue was Plaintiff's motion to compel certain non-party patients' medical records. The circuit court granted the motion to compel in part, limiting the scope of the discoverable records. The Supreme Court reversed the order, holding that the records Plaintiff requested were irrelevant and therefore not discoverable. View "Ferguson v. Thaemert" on Justia Law

The Supreme Court affirmed in part and in part reversed the judgment of the circuit court granting summary judgment in favor of Defendants, a physical therapy company and a hospital, on Plaintiffs’ negligence claims, holding that the physical therapist failed to demonstrate an absence of any genuine issue of material fact.The plaintiff patient in this case was diagnosed with a fractured femur after a physical therapy session following her hip surgery. Plaintiffs, the patient and her husband, alleged that the physical therapist was negligent during the physical therapy session and that the hospital was negligent in failing timely to diagnose the fractured femur. The circuit court granted Defendants’ motions for summary judgment. The Supreme Court held (1) the circuit court correctly granted the hospital summary judgment because Plaintiffs were required to, but did not, support their claim with proper expert testimony; and (2) there was sufficient evidence in the record to create a material issue of fact concerning whether the physical therapist deviated from the required standard of care. View "Hanson v. Big Stone Therapies, Inc." on Justia Law

In this medical malpractice action, the Supreme Court affirmed the judgment of the circuit court excluding Appellants’ expert’s undisclosed rebuttal testimony and refusing Appellants’ jury instruction.Appellants, as guardians ad litem for N.W.O., sued Defendant, alleging that Defendant improperly treated N.W.O. with the drug Reglan. During trial, Appellants attempted to present undisclosed rebuttal testimony from an expert witness and requested a nonapportionment-of-damages jury instruction. The circuit court denied the requested jury instruction and excluded the undisclosed expert witness from testifying. The Supreme Court affirmed, holding that the circuit court did not err in excluding Appellants’ undisclosed expert’s rebuttal testimony and in refusing Appellants’ requested jury instruction. View "O’Day v. Nanton" on Justia Law

Steven Wipf (Plaintiff) sued Dr. Terry Alstiel and Regional Health Physicians Inc. (Defendants) for medical malpractice, alleging that Dr. Altstiel accidentally perforated Wipf’s small bowel during a laparoscopic hernia repair and that Dr. Altstiel failed to inspect and find the perforations before completing the surgery. During discovery, Wipf sought access to operative and postoperative notices relating to follow-up care of some of Dr. Altstiel’s patients who had received laparoscopic hernia repairs. The circuit court found those records relevant and ordered Defendants to partially redact and produce the redacted records. The Supreme Court reversed, holding that the circuit court did not adequately ensure that privileged information was not disclosed. Remanded for the circuit court to consider whether additional safeguards will ensure patient anonymity and, if so, the court must enter a protective order before disclosure. View "Wipf v. Altstiel" on Justia Law

Plaintiffs filed lawsuits against Defendants - a medical doctor, his medical clinic, two hospitals, and other individual defendants (collectively, Defendants) - alleging various causes of action, including negligence, negligent credentialing, fraud, and deceit. Plaintiffs sought production of documents from Defendants, but Defendants declined to produce all of them, asserting that some of the materials sought were peer review materials protected under S.D. Codified Laws 36-4-26.1. Plaintiffs moved to compel production, asking the circuit court to determine that section 36-4-26.1 was unconstitutional. The circuit court ordered Defendants to produce, without in camera review, documents protected by peer review, determining that the statute was constitutional only if it applied a “crime-fraud exception” and that the exception had been met in this case. The Supreme Court reversed, holding that the circuit court erred (1) by creating a crime-fraud exception to section 36-4-26.1, and (2) by ordering Defendants to produce materials in the possession of medical peer review committees. View "Novotny v. Sossan" on Justia Law

In November 2009, Plaintiff underwent a knee-replacement surgery at Sanford USD Medical Center. The day after the surgery, when he was still hospitalized, Plaintiff fell while walking with assistance from a patient-care technician. After being discharged, Plaintiff underwent inpatient rehabilitation and outpatient physical therapy. In September 2012, Plaintiff sought additional physical therapy for the alleged effects of the injury resulting from his fall. When Sanford declined to pay for additional treatment, Plaintiff commenced this action. Sanford moved for summary judgment, asserting that Plaintiff’s action was time-barred under S.D. Codified Laws 15-2-14.1 as a medical malpractice claim. The circuit court granted the motion for summary judgment. Plaintiff appealed, arguing that he commenced his action within the three-year statute of limitations applicable to general-negligence actions and that the circuit court erred in determining his action was time barred. The Supreme Court affirmed, holding (1) Plaintiff’s action against Sanford was one for error or mistake, and therefore, section 15-2-14.1’s two-year period of repose applies; and (2) principles of estoppel and tolling are inapplicable to a period of repose, and the continuous-treatment rule did not toll section 15-2-14.1’s period of repose under the facts of this case. View "Pitt-Hart v. Sanford USD Med. Ctr." on Justia Law