Medical malpractice in South Dakota

Elements

1. 1

   Provider-patient relationship

   The defendant undertook to treat the patient.

2. 2

   Standard of care

   What a reasonably careful similar provider would have done under similar circumstances.

3. 3

   Breach

   The care fell below that standard.

4. 4

   Causation and injury

   The breach more likely than not caused a compensable injury, not merely a bad outcome.

Burden of proof

Preponderance of the evidence, usually with expert testimony on the standard of care.

A South Dakota fact pattern

Medical malpractice in south-dakota.