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JORGENSON v. VENER

No. 21139.

616 N.W.2d 366 (2000)

2000 SD 87

David JORGENSON and Laura Jorgenson, Plaintiffs and Appellants, v. Michael J. VENER, M.D., Defendant and Appellee,

Supreme Court of South Dakota.

Decided July 5, 2000.

Attorney(s) appearing for the Case

Daniel R. Fritz Fritz Law Offices, Aberdeen, South Dakota and James R. Welsh of Bradford, Coenen & Welsh, Omaha, Nebraska, Attorneys for plaintiffs and appellants.

Reed Rasmussen of Siegel, Barnett & Schutz, Aberdeen, South Dakota, Attorneys for defendant and appellee.

MILLER, 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...

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