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JORGENSON v. VENER

No. 21896.

640 N.W.2d 485 (2002)

2002 SD 20

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

Supreme Court of South Dakota.

Reassigned December 21, 2001.

Decided February 6, 2002.

Attorney(s) appearing for the Case

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

Reed Rasmussen, Julia M. Dvorak of Siegel, Barnett and Schutz, L.L.P., Aberdeen, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice (on reassignment).

[¶ 1.] David Jorgenson (Jorgenson) developed an infection in his lower right leg as a result of surgery to repair a shattered tibia and ankle. Jorgenson's attending physician, Dr. Michael Vener (Vener), did not discover the infection for approximately three months. Jorgenson sued Vener for medical malpractice under the loss of chance doctrine. The trial court granted summary judgment for Vener, Jorgenson appealed, and we reversed...

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