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South Dakota Supreme Court Says No to New Malpractice Trial

FILE: Sanford Hospital, Sanford Health, Sioux Falls
Sdgjake/WikiMedia Commons

PIERRE, S.D. (AP) — The South Dakota Supreme Court has ruled that a woman who sued Sanford Medical Center for malpractice for a 2007 surgical procedure that was aborted should not be granted another trial.

Lisa Lewis sued Sanford after an anesthetist mistakenly attached a stomach tube to an oxygen supply rather than a suction device during prep for laparoscopic gastric band surgery. Lewis claimed that the flow of oxygen into her stomach caused cardiac problems, which led to the need for a pacemaker.

Sanford admitted negligence but denied that its negligence caused damage.

A jury awarded zero damages and Lewis appealed, and the circuit court granted her a new trial.

Sanford appealed that decision to the Supreme Court, and the justices on Thursday reversed the circuit court’s order for a new trial.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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