21-3-12. Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice.
In any action for damages for personal injury or death alleging health care malpractice on the part of any physician, chiropractor, dentist, hospital, registered nurse, licensed practical nurse, or other practitioner of the healing arts, whether founded upon tort or contract, if it is alleged that the claimant suffered special damages by reason of such injury or death, evidence shall be admissible which is relevant to prove that any such special damages were paid for or are payable by, in whole or in part, insurance which is not subject to subrogation and which was not purchased privately, in whole or in part, by the claimant, claimant's decedent, or a member of the immediate family of claimant or claimant's decedent, or were paid for, or are payable by, in whole or in part, state or federal governmental programs not subject to subrogation.
Source: SL 1977, ch 182.
Structure South Dakota Codified Laws
Chapter 03 - Damages For Torts
Section 21-3-2 - Punitive damages in discretion of jury.
Section 21-3-4 - Lien holder's damages for conversion of personal property.
Section 21-3-5 - General measure of damages for wrongful occupation of real property.
Section 21-3-6 - Treble damages for forcible exclusion from real property.
Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.
Section 21-3-10 - Damages for wrongful injury to trees and plants.
Section 21-3-11 - Limitation on damages for medical malpractice.
Section 21-3-11.1 - Legislative findings--Revival of §21-3-11.
Section 21-3-13 - Limitation of damages recoverable for injury or death of rodeo contestant.
Section 21-3-14 - Local law where personal injury occurs determines survival of claim.