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BRUSKE v. HILLE

No. 19909.

567 N.W.2d 872 (1997)

1997 SD 108

Linda BRUSKE, Plaintiff and Appellant, v. R.D. HILLE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Scott N. Heidepriem, Mark F. Marshall of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, for plaintiff and appellant.

Michael L. Luce, Mark W. Haigh f Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] A prosthetic implant was surgically inserted in Linda Bruske's right jaw in 1984. Two years later, she sued the doctor for malpractice, then voluntarily dismissed the case. In 1988, the doctor sent warning letters about the implant to his patients, but not to Bruske until 1993. She then sued him for fraud and deceit in failing to earlier disclose the risk. Is her fraud case actually a medical malpractice claim, governed by the two-year...

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