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422 N.W.2d 600

Koeniguer v. Eckrich

South Dakota Supreme Court

Decided April 27, 1988

South Dakota Supreme Court · decided 1988-04-27

Relies on Hansen v. Isaak · Block v. McVay · Shamburger v. Behrens

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-27

How this case has been cited

Cited by 28 later decisions — most recently July 2018 · most notably Jensen v. Archbishop Bergan Mercy Hospital (1990), Walz v. Fireman's Fund Insurance Co. (1996)

1 district · 27 state decisions

2101988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WUEST, Chief Justice

¶1(dissenting).

¶2I dissent. In my opinion there is not sufficient evidence in the record to infer the claimed negligence of the hospital was a proximate or contributing cause of Scoblic’s death.

¶3It is well-settled law in South Dakota that negligence in medical malpractice cases must be established by the testimony of medical experts unless the subject of the testimony is “within the common knowledge and comprehension of persons possessed of ordinary education, experience and opportunity.” Magbuhat v. Kovarik, 382 N.W.2d 43, 46 (S.D.1986). See Carlsen v. Javurek, 526 F.2d 202, 207-08 (8th Cir.1975); Appeal of Schramm, 414 N.W.2d 31, 36 (S.D.1987); Van Zee v. Sioux Valley Hospital, 315 N.W.2d 489, 492 (S.D.1982); Block v. McVay, 80 S.D. 469, 474, 126 N.W.2d 808, 810 (1964) (overruled in part on other grounds in Shamburger v. Behrens, 380 N.W.2d 659 (S.D.1986)); Hansen v. Isaak, 70 S.D. 529, 533, 19 N.W.2d 521, 522-23 (1945); Myrlie v. Hill, 58 S.D. 330, 336-337, 236 N.W. 287, 290 (1931); Kelley v. Hollingsworth, 44 S.D. 23, 29, 181 N.W. 959, 961 (1921). The expert testimony requirement applies not only when establishing alleged deviations from the standard of care, it also applies when proving the essential element of causation. Lohr v. Watson, 68 S.D. 298, 2 N.W.2d 6 (1942). See Podio v. American Colloid Co., 83 S.D. 528, 162 N.W.2d 385 (1968); Howe v. Farmers Cooperative Creamery of Madison, 81 S.D. 207, 132 N.W.2d 844 (1965); Campbell v. City of Chamberlain, 78 S.D. 245, 100 N.W.2d 707 (1960); Annot., 13 A.L.R.2d 11, 31 (1950); 61 Am.Jur.2d, Physicians and Surgeons § 348 (1981).

¶4Here, while plaintiff proffered expert testimony arguably establishing a potential deviation from the standard of care, plaintiff has not offered any testimony, expert or otherwise, substantiating a causal relation between the alleged breach of duty by the hospital and Mrs. Scoblic’s ultimate injuries. Mrs. Scoblic died of multiple organ failure brought on by “medically unmanageable” sepsis. Given the nature and *607complexity of the diagnostic tests and surgical procedures performed, the magnitude of complications which could arise, the number of actors involved, and the vast array of factors which may have contributed to Mrs. Scoblic’s failing condition, it cannot be said that laymen, unassisted by the aid of medical and scientific knowledge, would be qualified to determine the proximate cause of Mrs. Scoblic’s death.

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