Legal Opinion
Jorgenson v. Vener
South Dakota Supreme Court
Decided July 5, 2000No. NonePublishedCited by 18 opinions
1Opinion of the CourtMiller, Chief Justice
[¶ 1.] In this medical malpractice case we reverse the trial court and hold that the “loss of chance” doctrine is recognized at common law in this state.
FACTS
[¶ 2.] On August 16, 1997, while visiting at a relative’s home in Wisconsin, David Jorgenson jumped from a deck on the house to a cement sidewalk below, a distance of approximately seven feet. The impact shattered his lower right leg and ankle. He was taken to a nearby hospital, where a doctor inserted pins into the leg and ankle and stabilized the injury with a device called an external fixator. Jorgen-son was discharged from the…
2Cases cited23 opinions
- Fabio v. BellomoSupreme Court of Minnesota · 1993
- Kramer v. Lewisville Memorial HospitalTexas Supreme Court · 1993
- Gooding v. University Hosp. Bldg., Inc.Supreme Court of Florida · 1984
- Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1966
- Cooper v. Sisters of Charity of Cincinnati, Inc.Ohio Supreme Court · 1971
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Calvin Thomas v. State of IllinoisCourt of Appeals for the Seventh Circuit · 2012
- Matsuyama v. BirnbaumMassachusetts Supreme Judicial Court · 2008
- Smith v. ParrottSupreme Court of Vermont · 2003
- Smith v. BubakCourt of Appeals for the Eighth Circuit · 2011
- Zarecky v. ThompsonSouth Dakota Supreme Court · 2001
13 more not listed; retrieve them via the Exa API.