CHAPTER 117

(HB 1148)

Health care provider statements may not be used in malpractice actions.

         ENTITLED, An Act to  provide that certain statements and actions made by health care providers are not admissible to prove negligence in medical malpractice actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  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.

     Signed February 18, 2005

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