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SCHMIEDT v. LOEWEN

No. 25420.

789 N.W.2d 312 (2010)

2010 S.D. 76

Anne SCHMIEDT and Darin Schmiedt, Plaintiffs and Appellants, v. Nathan H. LOEWEN, M.D., Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 22, 2010.

Attorney(s) appearing for the Case

Roger R. Gerlach , Michael E. Unke , Salem, South Dakota, Attorneys for plaintiffs and appellants.

Jeff L. Bratkiewicz , Kathryn J. Hoskins of Siegel, Barnett & Schutz, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Anne and Darin Schmiedt sued Dr. Nathan Loewen for medical malpractice arising out of complications following the placement of an intrauterine device (IUD). Dr. Loewen moved for summary judgment, arguing that the statute of limitations had expired. Schmiedts argued that their action was timely because: the IUD was a "foreign object"; their claim fell within the continuing tort doctrine; and under the continuing tort doctrine, the statute...

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