Legal Opinion

Klein v. Sanford USD Medical Center

South Dakota Supreme Court

Decided December 9, 2015No. 27320PublishedCited by 5 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] Nicholas Klein sued Sanford USD Medical Center for damages allegedly caused by his claimed premature discharge from the hospital. The circuit court granted Sanford summary judgment. The court concluded that Sanford was entitled to good faith immunity under SDCL 34-12C-7 because Klein demanded to be discharged against medical advice. Klein appeals, asserting that SDCL 34-12C-7 does not apply, and that if it does apply, there was a genuine dispute of material fact whether Sanford acted in good faith. We affirm.

Facts and Procedural History

[¶ 2.] On January 16, 2011, at…

2Cases cited25 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Helvering v. GowranSupreme Court of the United States · 1937
  3. Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
  4. Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
  5. Hilker v. Western Automobile InsuranceWisconsin Supreme Court · 1931

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3Cited by5 opinions

  1. Healy v. OsborneSouth Dakota Supreme Court · 2019
  2. Domson, Inc. v. Kadrmas Lee & Jackson, Inc.South Dakota Supreme Court · 2018
  3. Stockwell v. McCook County Board of CommissionersSouth Dakota Supreme Court · 2024
  4. Domson, Inc. v. Kadrmas Lee & Jackson, Inc.South Dakota Supreme Court · 2018
  5. State v. Buffalo ChipSouth Dakota Supreme Court · 2020

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