Van Zee v. Sioux Valley Hospital , 1982 S.D. LEXIS 257 ( 1982 )

WOLLMAN, Chief Justice

(dissenting).

I find nothing in the testimony that indicates that administering an intramuscular injection of Demerol into the deltoid muscle of the upper arm constitutes negligence. For example, Dr. Koob testified that there is nothing inappropriate about giving an injection one to three inches below the shoulder in the lateral aspect of the arm. Dr. Monfore’s testimony is to the same effect. How, then, can it be said that Sioux Valley was negligent in anything that its employees did? Accordingly, I would hold that plaintiffs failed to satisfy the fourth element of the res ipsa loquitur test.