ENTITLED, An Act to
limit the damages that may be awarded in a medical malpractice action
against a podiatrist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
21-3-11
be amended to read as follows:
21-3-11.
In any action for damages for personal injury or death alleging malpractice against any
physician licensed pursuant to chapter 36-4, chiropractor, optometrist, podiatrist, dentist, dental
hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed practical nurse,
certified registered nurse anesthetist, clinical nurse specialist, nurse practitioner, nurse midwife, or
physician's assistant, or against the practitioner's corporate, limited liability partnership, or limited
liability company employer based upon the acts or omissions of the practitioner, under the laws of
this state, whether taken through the court system or by binding arbitration, the total general damages
which may be awarded may not exceed the sum of five hundred thousand dollars. There is no
limitation on the amount of special damages which may be awarded. This section applies only to
causes of action arising from injuries or death occurring after July 1, 1976. However, in the case of
chiropractors, it applies only to the causes of action arising from injuries or death occurring after
July 1, 1978. In the case of optometrists, it applies only to causes of action arising from injuries or
death occurring after July 1, 2002. In the case of podiatrists, it applies only to causes of action arising
from injuries or death occurring after July 1, 2005.
An Act to limit the damages that may be awarded in a medical malpractice action against a
podiatrist.
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I certify that the attached
Act
originated in the
HOUSE as
Bill
No.
1104
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House
Bill
No.
1104
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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