South Dakota

Each state has its own set of statutes and regulations on licensing doctors, accommodating patients who wish to file complaints, and releasing information about physicians who have been subject to discipline and legal action. On this page, we’re sharing the key findings regarding South Dakota, which we will continue to update as the series progresses.

Key fact: The state board holds confidential physician hearings from which none of the evidence or testimony is "subject to discovery or disclosure," meaning it cannot be used in action of any kind in court or arbitration. "No person in attendance at any hearing of the Board of Examiners considering cancellation, revocation, suspension or limitation of a license,… may be required to testify as to what transpired at such meeting."

Researching a doctor

  • Accurate records of sexual abuse accusations against doctors are not always easily accessible. In South Dakota, the best chance of finding problems is to search the order records offered by the South Dakota Board of Medical & Osteopathic Examiners. Please note that license search results typically include all public disciplinary actions, not just those involving sexual misconduct, and can sometimes include vague language. Also, some states deal with some disciplinary issues privately; private board orders are not included.

Where to file a complaint

Quoted

“We hold that for tort liability purposes, sexual misconduct falls within the definition of malpractice.”

— South Dakota Supreme Court in a 2000 ruling on a civil case involving a doctor who was appealing a malpractice verdict in which three women who accused him of raping them during exams were awarded $1.5 million. The doctor's insurer then appealed, saying it only covered him for professional services and had no duty to indemnify him for rape. The court ruled that the jury properly found that unorthodox methods he used in the women’s exams fell below the standard of care for physicians and so constituted malpractice. He was acquitted of criminal charges in the case.

Highlighted case

Dr. Marden Lee Brown

In 2003, Brown voluntarily surrendered his license in South Dakota, and the board revoked him for an indefinite period of time, according to a Montana board order.

Learning of those actions, the Montana Board of Medical Examiners sought to find out the underlying reasons, since the doctor also was licensed in that state. But South Dakota wouldn’t tell the Montana medical board, and Brown didn’t respond to the Montana board’s inquiries.

The board eventually found out on its own that in January 2004, Brown had been sentenced to prison for 30 years after being convicted on three counts of sexual contact with a child.

Efforts to reach Brown for comment have been unsuccessful.

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