Audra K. Martinmaas, N/k/a Audra Martinmaas Sparks, Plaintiff and Appellee v. Gary Engelmann, Defendant And…

Summary

The South Dakota Supreme Court affirmed jury verdicts against a former physician in three consolidated medical-malpractice actions. It held that sexual misconduct occurring during gynecological examinations may constitute malpractice for tort-liability purposes, and found no reversible error in the consolidation of the cases, the limited use of a medical-license reapplication transcript, or references to the physician's lack of a current license. Justice Konenkamp concurred in the result while distinguishing intentional misconduct from negligence, and Justice Amundson dissented as to two plaintiffs, advocating retrial limited to the allegedly improper examination procedures.