§ 20-9-1-1

20-9-1.1.Loss of chance doctrine abrogated.The Legislature finds that in those actions founded upon an alleged want of ordinary care or skill the conduct of the responsible party must be shown to have been the proximate cause of the injury complained of. The Legislature also finds that the application of the so called loss of chance doctrine in such cases improperly alters or eliminates the requirement of proximate causation. Therefore, the rule in Jorgenson v. Vener, 2000 SD 87, 616 N. W. 2d 366 (2000) is hereby abrogated. Source: SL 2002, ch 96, §1.