Klein v. Sanford USD Med. Ctr.
Plaintiff was admitted to the intensive care unit at the Sanford USD Medical Center (Hospital) after being struck in the throat and head during an altercation. Plaintiff insisted on leaving the Hospital against medical advice. After Plaintiff left the Hospital, he brutally assaulted his neighbors. Plaintiff pleaded guilty to multiple charges related to the assault but was found not guilty by reason of mental illness. Plaintiff later brought this suit against the Hospital, alleging that the Hospital negligently failed to assess his mental condition after he insisted on leaving against medical advice, which made him a danger to himself and others. The circuit court granted summary judgment in favor of the Hospital on the grounds that S.D. Codified Laws 34-12C-7 applied, which provides good faith immunity to health care providers who follow a patient’s direction for his or her own health care, and that Plaintiff alleged no facts alleging bad faith. The Supreme Court affirmed, holding that the circuit court correctly found that section 34-12C-7 applies and that there was no disputed issue of material fact that the Hospital acted in good faith. View "Klein v. Sanford USD Med. Ctr." on Justia Law