34-12D-25. Cause of action for compensatory and punitive damages for assisting suicide.
Any person given standing by subdivision 34-12D-24(1) or (2) or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate §22-16-37 for compensatory damages and punitive damages. An action under this section may be brought whether or not the plaintiff had prior knowledge of the violation or attempt.
Source: SDCL §22-16-37.3; SL 2005, ch 120, §170.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Section 34-12D-1 - Definition of terms.
Section 34-12D-2 - Declaration--Requirements as to execution.
Section 34-12D-3 - Declaration--Sample form.
Section 34-12D-4 - Multiple documents--Resolving conflicts--Participation by attorney in fact.
Section 34-12D-5 - When declaration becomes operative.
Section 34-12D-6 - Decisions regarding life-sustaining treatment--Rights of qualified patient.
Section 34-12D-7 - Entry of declaration into medical record.
Section 34-12D-8 - Revocation of declaration--Medical record to contain revocation.
Section 34-12D-10 - Treatment of pregnant woman notwithstanding declaration.
Section 34-12D-13 - Immunity from civil or criminal liability, and from professional discipline.
Section 34-12D-14 - Withdrawal or withholding of treatment neither suicide or homicide.
Section 34-12D-15 - Withdrawal or withholding of treatment--Effect upon life insurance or annuity.
Section 34-12D-16 - Insurer or health-care provider may not prohibit or require declaration.
Section 34-12D-18 - Patients able to make decisions regarding medical care--Effect upon rights.
Section 34-12D-19 - Health care provider not required to deviate from accepted medical standards.
Section 34-12D-20 - Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.
Section 34-12D-21 - Assumption as to valid declaration permissible.
Section 34-12D-25 - Cause of action for compensatory and punitive damages for assisting suicide.
Section 34-12D-26 - Attorney's fees to plaintiff in assisted suicide action.
Section 34-12D-27 - Licensing board notified of assisted suicide violation.
Section 34-12D-28 - Revocation of license for assisted suicide violation.
Section 34-12D-29 - Licensed health care professional defined.