Section 19-13-11 - (Rule 503(d)(3)) Privilege waived when patient's condition is element of claim ordefense.
19-13-11. (Rule 503(d)(3)) Privilege waived when patient's condition is element of claim or defense. The privilege under § 19-13-7 as to a communication relevant to an issue of the physical, mental, or emotional condition of the patient is waived at trial or for the purpose of discovery under chapter 15-6 in any proceeding in which the condition is an element of the patient's claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of a claim or defense.
Source: SDCL, § 19-2-3; SL 1974, ch 160; Supreme Court Rule 78-2, Rule 503 (d) (3); SL 2001, ch 103, § 1; SL 2003, ch 121, § 1.