KLEIN v. SANFORD USD MEDICAL CENTER

No. 27320.

872 N.W.2d 802 (2015)

2015 S.D. 95

Nicholas Shawn KLEIN, Plaintiff and Appellant, v. SANFORD USD MEDICAL CENTER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 9, 2015.


Attorney(s) appearing for the Case

Peter J. Bendorf , Sioux Falls, South Dakota and Andrew Birkeland of Hovland & Rasmus, PLLC, Edina, Minnesota, Attorneys for plaintiff and appellant.

Melissa C. Hinton , Reece M. Almond of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.


[¶ 1.] Nicholas Klein sued Sanford USD Medical Center for damages allegedly caused by his claimed premature discharge from the hospital. The circuit court granted Sanford summary judgment. The court concluded that Sanford was entitled to good faith immunity under SDCL 34-12C-7 because Klein demanded to be discharged against...

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