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SOUTH DAKOTA STATUTES AND CODES

Section 36-4B-25 - Immunity from liability of physician transferring patient--Conditions forimmunity.

36-4B-25. Immunity from liability of physician transferring patient--Conditions for immunity. No physician, who in good faith arranges for, requests, recommends or initiates the transfer of a patient from a hospital to a critical medical care facility in another hospital, may be liable for any civil damages as a result of such transfer where sound medical judgment indicates that the patient's medical condition is beyond the care capability of the transferring hospital, or the medical community in which that hospital is located, and where the physician has confirmed that the transferee facility possesses a more appropriate level of capability for treating the patient's medical needs, and where the physician has secured a prior agreement from the transferee facility to accept and give necessary treatment to the patient.

Source: SL 1978, ch 269, § 25.

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