2016 South Dakota Codified Laws
Title 19 - EVIDENCE
Chapter 19 - South Dakota Rules of Evidence
§ 19-19-411.1 Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions.
19-19-411.1. Statements and actions by health care providers not admissible to prove negligence in medical malpractice actions. No statement made by a health care provider apologizing for an adverse outcome in medical treatment, no offer to undertake corrective or remedial treatment or action, and no gratuitous act to assist affected persons is admissible to prove negligence by the health care provider in any action for damages for personal injury or death alleging malpractice against any health care provider. Nothing in this section prevents the admission, for the purpose of impeachment, of any statement constituting an admission against interest by the health care provider making such statement.
Source: SL 2005, ch 117, § 1; SDCL § 19-12-14.
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